The Court of Appeal in Abuja has restrained the enforcement of its January 10, 2025 judgment that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law, pending the determination of an appeal lodged at the Supreme Court.
It would be recalled that, the appellate had, in a judgement in January, set aside the June 20 order by Justice Abubakar Liman of the Federal High Court, Kano, nullifying the steps/actions taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
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The Court of Appeal, Kano, which sat in Abuja, 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 application for an injunction at the Appeal Court to stay the execution of the judgement pending the hearing and determination of the appeal at the Apex court.
Ruling on the injunction on Friday by a three-member panel of Justices of the appellate Court, led by Justice Okon Abang in two suits marked CA/KN/27M/2025 and CA/KN/28M/2025, filed by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Baba).
The appeal was brought 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.
Alhaji Aminu Baba Dan Agundi (Sarkin Dawaki Babba), in his 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.
The grounds for the application included that the applicant initially instituted the suit in Kano to protect his fundamental rights, 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 House of Assembly and assented to by the governor, legally led to the dissolution of the newly created emirates and the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano.
In a unanimous ruling, the three-man panel of Justices led 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 and ordered that, “status quo ante bellum should be maintained as well as the sheriff of this court and trial court as was the position before the trial court in its judgement delivered on 13/6/2024 in the suit No. FHC/KN/CS/182/2024.”
Justice Abang, in granting the injunction, emphasized 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 held that the applicant has the legal right to be protected, 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. The application is bound to succeed and is hereby granted, pending the determination of the Supreme Court,” Abang ruled and 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 ante bellum until the Supreme Court renders a final decision.
The applicant was directed to file an undertaking within 14 days in court to indemnify the respondents in damages in the event that the order ought not to have been made.
The appellate court’s 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. This law had reversed the creation of five new emirates and reinstated Sanusi Lamido Sanusi as Emir of Kano.
The Court of Appeal, in setting aside the Federal High Court’s decision, ruled that the lower court lacked jurisdiction over chieftaincy matters, which fall within the exclusive domain of the state high courts.
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