The Court of Appeal, Abuja division, on Friday, suspended its January 10, 2025 judgment that upheld the reinstatement of former Governor of Central Bank of Nigeria, Muhammadu Sanusi II, as the 16th Emir of Kano.
According to the appellate court, its January 10 verdict that approved the Kano State Government’s repeal of the 2019 Emirate Council Law, remained suspended pending the determination of an appeal at the Supreme Court.
The three-member panel of justices presided over by Justice Okon Abang, in an unanimous decision, made the declaration while delivering ruling in the two suits marked CA/KN/27M/2025, and CA/KN/28M/2025, filed by Kano State House of Assembly.
The January 10 judgment had overturned an earlier ruling by the Federal High Court in Kano, which nullified the Kano State Emirate Council (Repeal) Law 2024. The law reversed the creation of five new emirates and reinstated Sanusi as the Emir of Kano.
While setting aside the Federal High Court’s decision, the appeal court ruled that the lower court lacked jurisdiction over chieftaincy matters which fall within the exclusive domain of the state high courts.
The Court of Appeal held that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Justice Liman without jurisdiction.
Dissatisfied with the judgment, the Kano State government appealed to the Supreme Court and subsequently filed an injunction at the court of appeal, urging the court to stay execution of the judgment pending determination of the appeal at the apex court.
The Kano State House of Assembly in the appeal against Aminu Baba Dan (Sarkin Dawaki Babba) and five others in the application filed on February 6, 2025, sought an order restraining the respondents from enforcing the appellate court’s judgment while an appeal was pending at the Supreme Court.
However, the appellate court held that the trial court lacked jurisdiction to hear and determine the suit and there was a need to restrain the respondents from executing the judgment.
In addition, the applicant argued that the Kano State Emirate Council (Repeal) Law 2024, which was passed by the state legislature and assented to by the governor, legally led to the dissolution of the newly created emirates and the reinstatement of Sanusi as the 16th Emir of Kano.
The Court of Appeal in its ruling delivered by Justice Abang held that the application was meritorious and deserving of the court’s discretion in the interest of justice.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” he said.
He held that the mandatory injunction is “ordered that shall maintain the status quo ante bellum as well as the sheriff of this court and trial court as was the position before the trial court delivered on 13/6/2024 in the suit no. FHC/KN/CS/182/2024.”
Justice Abang, while granting the injunction, emphasised that the applicant’s process was competent and had met all the necessary legal conditions required to obtain the relief sought.
He noted that a valid appeal was already pending before the Supreme Court, reinforcing the need to preserve the subject matter of the litigation. Additionally, the Appeal Court acknowledged the applicant’s legal right to protection, considering that he had served as Emir for five years before his removal.
“In my view, I hold that the balance of convenience lies in his favour. It is deserving to protect him pending the determination of the Supreme Court,” Abang ruled.
The court further restrained the respondents from enforcing the January 10 judgment that nullified the Kano State Government’s dissolution of the emirates. It also granted an order maintaining the status quo until the Supreme Court renders a final decision.
Madukwe B. Nwabuisi is an accomplished journalist renown for his fearless reporting style and extensive expertise in the field. He is an investigative journalist, who has established himself as a kamikaze reporter.
