- Appeal Court did not invalidate reinstatement of Sanusi as 16th Emir ―Kano AG
•Court forbade Sanusi to parade self as emir ―Appellant
THE Kano State government and one of the traditional council members in the state, Aminu Baba DanAgundi, have continued to trade words over the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
Recall that an Appeal Court (Abuja Division), on Friday, ordered the maintenance of status quo ante bellum pending the determination of the subsisting appeal filed by DanAgundi before the Supreme Court. The appeal is in respect of the January 10, 2025 ruling of the same court which reaffirmed the power of the Kano State government to reappoint Sanusi as emir.
Following the Friday order, there were reports in the media that the Appeal Court invalidated Sanusi’s reinstatement.
But the State Commissioner for Justice and Attorney General, Haruna Isa Dederi, while speaking with pressmen on Saturday, clarified that the ruling of the Court of Appeal, did not invalidated the reinstatement of Sanusi as the emir, adding that it was impossible for the Court of Appeal to set aside or quash its own decision on the same matter.
He clarified that the court only granted the application for stay pending the hearing and determination of the subsisting appeal before the Supreme Court.
He disclosed that the “gross misrepresentations” of the court order and speculative reports are only intended to create disharmony among Kano citizens.
“It is, however, worrisome seeing the various captions and headlines deliberately intended to mislead the general public by misrepresentating the facts.
“We hereby use this medium to call upon those involved in these negative and destructive misrepresentations to desist from interfering in judicial processes. The judiciary as a sacred institution must be jealously respected and guarded for the preservation of peace and orderliness of society.
“For the avoidance of any doubt, the Court of Appeal that entertained the application of Alh. Aminu Babba Dan’agundi did not set aside the judgment the same court delivered on the 10th of January, 2025. That judgment is still valid and subsisting, until the determination of the appeal before the Supreme Court of Nigeria.
“Once again, we call on the general public to resist any provocation and continue to be law abiding. The Kano State government has already instructed its lawyers to closely study the outcome for the determination of the next line of action in accordance with our extant laws,” he explained.
Dederi, however, said that the matter is functus officio, adding that only the Supreme Court has the power to set aside the decision of the Appeal Court handed down by Justice Mohammad Mustapha on January 10, 2025.
“The Appeal Court today, after hearing their application for a stay of execution, ruled that the status quo should rather be maintained as it is now until after the judgment of the Supreme Court. They have filed an appeal at the Supreme Court.
“It doesn’t mean that the judgment delivered on January 10, 2025, has been quashed. That judgment is still standing, still in place, and subsisting. The Court of Appeal cannot reverse its own decision. It is not possible. Only the Supreme Court has the power to set aside the judgment given by a lower court.
“So, the Court of Appeal, Abuja, has just said that execution of the judgment has been stayed pending the outcome of the appeal, which has been filed at the Supreme Court by Aminu Baba DanAgundi on behalf of Bayero,” Dederi noted.
Meanwhile, Alhaji Dan Agundi, DanAgundi, who is the Sarkin Dawaki Babba, stated that by the order of the court, Sanusi has ceased to be the 16th Emir.of Kano until the court of higher jurisdiction presides over his appeal.
Addressing a separate press conference at the Nasarawa palace of Emir Aminu Ado Bayero, DanAgundi said that all their two prayers were granted by the Court of Appeal.
“If for any other reasons Malam Sanusi Muhamnadu Sanusi should parade himself as Emir of Kano, I have the right to proceed to court and charge him for contempt of court going by this order given to us,
“And I don’t think he would do so by this order because in this country we give respect to the rule of law.
“If for any other reasons they decide to do otherwise, I will drag him to court for contempt.
“We have been given these orders and these orders must be followed until court of higher jurisdiction, which is the Supreme Court, sets aside these orders,” he said.
DanAgundi added that two prayers that were granted by the Appeal Court were “An injunction restraining the respondents herein named either themselves, their agents, privies, servants, or personal representatives from enforcing the judgment of this Court in Appeal No. CA/KN/126/2024 Kano State House of Assembly and Anor vs Alhaji Aminu Babba Dan Agundi & Others delivered on the 10/1/2025 pending the hearing and determination of the applicant’s appeal filed on 24/1/2025 before the Supreme Court of Nigeria.
“That mandatory injunction is ordered that parties shall maintain the status quo ante bellum as well as the sheriff of this court and the trial court as was the position before the trial court in its judgment delivered on 13/6/2024 in Suit No. FHC/KN/CS/182/2024 between Alhaji Aminu Babba Dan Agundi v Kano State House of Assembly & 7 Others pending the hearing and determination of the applicant’s appeal against the judgment of this court in Appeal No. CA/KN/126/2024 Kano State House of Assembly and Anor vs Alhaji Aminu Babba Dan Agundi & Others delivered on the 10/1/2025.”
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