In a new development concerning the leadership crisis within the Kano Emirate, the Court of Appeal in Abuja has temporarily halted the enforcement of its January 10 decision, which had upheld the Kano State Government’s repeal of the 2019 Emirate Council Law.
This decision will remain suspended pending the outcome of an appeal before the Supreme Court.
The Court of Appeal in Kano, which sat in Abuja, overturned a June 20 ruling by Justice Abubakar Liman of the Federal High Court in Kano.
The lower court’s ruling had annulled the actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The appeal arose after the Kano State Government, unsatisfied with the Federal High Court’s judgment, filed an appeal to the Supreme Court.
The state also sought an injunction from the Court of Appeal to delay the execution of the judgment until the Supreme Court could make a final determination.
On Friday, a three-member panel of the Court of Appeal, led by Justice Okon Abang, ruled in favor of the application filed by Aminu Babba Dan (Sarkin Dawaki Babba), the claimant.
The application sought an order preventing the enforcement of the appellate court’s judgment while the appeal was pending before the apex court. The panel held that the application was valid and deserving of the court’s intervention in the interest of justice.
The court’s ruling emphasized the importance of maintaining the status quo until the Supreme Court resolves the matter. Justice Abang pointed out that the balance of convenience favored the applicant, considering he had served as Emir for five years before his removal.
He also underscored that the Kano State Emirate Council (Repeal) Law 2024, which led to the reinstatement of Sanusi Lamido Sanusi, was legally passed and assented to by the state legislature and governor.
The Court of Appeal’s ruling effectively suspends the execution of the January 10 judgment, which had reversed the dissolution of newly created emirates in Kano and reinstated Sanusi.
The court also ordered that the parties involved maintain the situation as it was prior to the lower court’s decision.
Furthermore, the court instructed the applicant to file an undertaking within 14 days, assuring indemnification for damages in case the order was found to be unjustified.
This legal battle centers on the Kano State Emirate Council (Repeal) Law 2024, which was enacted to dissolve newly established emirates and restore Sanusi to his position as Emir of Kano.
The Federal High Court had previously ruled that the Kano State Government’s actions were unlawful, but the Court of Appeal found that the lower court lacked jurisdiction over chieftaincy matters, which fall under the state high courts’ exclusive authority.
The case now awaits final determination by the Supreme Court.
