Court of Appeal Suspends Kano Emirate Judgment, Halts Emir Sanusi's Reinstatement As Case Moves to Supreme Court

By Mohamed Fitr/ABUJA// The Court of Appeal in Abuja has suspended the enforcement of its January 10 judgment, which upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. This decision effectively halts the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano until the Supreme Court rules on the appeal.

The appellate court also set aside the June 20 order of the Federal High Court in Kano, which had nullified the Kano State Government’s actions under the Kano State Emirate Council (Repeal) Law 2024. These actions included dissolving the five emirates created in 2019 and reinstating Sanusi II as Emir.

Dissatisfied with the ruling, the Kano State Government appealed to the Supreme Court and sought an injunction from the Court of Appeal to prevent the enforcement of the judgment.

A three-member panel of justices, led by Justice Okon Abang, granted the request in two suits filed by Alhaji Aminu Babba Dan (Sarkin Dawaki Babba) against the Kano State Government, the Speaker of the House of Assembly, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and other security agencies.

In his application filed on February 6, 2025, Alhaji Aminu Babba Dan sought an order stopping the enforcement of the appellate court’s January 10 judgment while the case remained pending at the Supreme Court. He argued that: – The trial court lacked jurisdiction. – His fundamental rights were at risk. – The ruling should not be enforced until the Supreme Court delivers its final verdict.

He also maintained that the Kano State Emirate Council (Repeal) Law 2024, which dissolved the new emirates and reinstated Sanusi II, was lawfully enacted by the Kano State House of Assembly and signed by the governor.

Delivering the judgment, Justice Abang emphasized the need to maintain the situation as it was before the Federal High Court’s decision on June 13, 2024. The court ruled that since the case was now before the Supreme Court, it was necessary to preserve the subject matter of the dispute.

As a result, the Kano State Government and other respondents were restrained from enforcing the January 10 judgment, with the status quo to be maintained until the Supreme Court’s final decision. Additionally, the applicant was directed to file an undertaking within 14 days to compensate the respondents for any damages if the order was later deemed unnecessary.

The appellate court’s January 10 judgment had previously overturned a ruling by the Federal High Court in Kano, which declared the Kano State Emirate Council (Repeal) Law 2024 null and void. The Court of Appeal held that chieftaincy matters fall under the jurisdiction of state high courts, not federal courts.