March 14, 2025
The Court of Appeal, Abuja Division, on Friday restrained the enforcement of its January 10 judgement, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law, pending the determination of an appeal on the same matter at the Supreme Court.
A ruling, delivered by a three-member panel led by Justice Okon Abang granted a stay of execution, effectively maintaining the status quo in the Kano Emirate tussle.
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The appellate court had earlier set aside a June 20, 2024 ruling by Justice Abubakar Liman of the Federal High Court in Kano, which had nullified the Kano State government’s dissolution of five Emirates in the State and the subsequent reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The Court of Appeal had ruled that the lower court lacked jurisdiction over the case, which concerns chieftaincy matters under the exclusive purview of State High Courts.
Dissatisfied with the ruling, Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba) filed an injunction request in suits CA/KN/27M/2025 and CA/KN/28M/2025 against the Kano State Government, the Speaker of the State Assembly, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and other security agencies.
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Dan Agundi sought to restrain the respondents from enforcing the appellate court’s judgement while awaiting the apex court’s decision.
In its unanimous decision on Friday, the Court of Appeal agreed that the application had merit and granted the injunction. Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
The ruling ordered that all parties must maintain the “status quo ante bellum,” preserving the situation as it was before the Federal High Court’s judgement on June 13, 2024. Justice Abang emphasised that the applicant, having served as Emir for five years before his removal, had legal rights that required protection until the Supreme Court delivers a final verdict.
Additionally, the court ordered the applicant to file an undertaking within 14 days to indemnify the respondents for any damages should the injunction later be deemed unnecessary.
The legal battle over the Kano Emirate Emirship remains unresolved, with the Supreme Court now set to weigh in. The outcome of the case will determine whether the Kano State government’s decision to dissolve the emirates and reinstate Emir Sanusi II will stand.
