The Court of Appeal sitting in Abuja has halted the enforcement of its January 10 judgement, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law, pending the Supreme Court’s determination of an appeal on the same matter.
A three-member panel led by Justice Okon Abang delivered the ruling on Friday, granting an injunction requested by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba).
Dan Agundi had sought to restrain 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 from enforcing the appellate court’s judgment.
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The appellate court had earlier overturned a June 20, 2024, ruling by Justice Abubakar Liman of the Federal High Court in Kano, which nullified the dissolution of five Emirates by the Kano State Government and the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The Court of Appeal ruled that the lower court lacked jurisdiction over the case.
In its latest decision, the Court of Appeal determined that Dan Agundi’s application had merit and should be granted. Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
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The ruling mandates all parties to maintain the “status quo ante bellum,” preserving the situation as it was before the Federal High Court’s judgment on June 13, 2024. Justice Abang further emphasized that the applicant, having served as Emir for five years before his removal, had legal rights that required protection until the Supreme Court renders a final verdict.
This decision prolongs the legal battle over the Kano Emirate, a contentious issue that has sparked political and traditional debates within Kano State and beyond. The Supreme Court’s eventual ruling is expected to be a landmark decision in the governance and administration of traditional institutions in Nigeria.
