The Court of Appeal in Abuja has temporarily halted the enforcement of its ruling that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. The court’s decision comes as the matter awaits resolution by the Supreme Court.
In its ruling, the Court of Appeal set aside a June 20 order by Justice Abubakar Liman of the Federal High Court in Kano, which had nullified actions taken by the Kano State Government regarding the Kano State Emirate Council (Repeal) Law 2024. This included the controversial appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The Court of Appeal ruled that the Federal High Court lacked jurisdiction in the case, as it involved state-specific chieftaincy matters. Dissatisfied with the judgment, the Kano State Government appealed the decision and filed for an injunction at the Court of Appeal to prevent the enforcement of the ruling while the appeal is pending before the Supreme Court.
On Friday, March 14, a three-member panel of justices led by Justice Okon Abang granted the injunction, agreeing that the application made by Alhaji Aminu Babba Dan, through his legal representative, was valid. Dan, who had initially sought to protect his fundamental rights through the suit, argued that the trial court had no jurisdiction over the matter and that the Kano Emirate Council (Repeal) Law was legally passed by the state legislature and assented to by the governor. This law led to the dissolution of newly created emirates and the reinstatement of Sanusi Lamido Sanusi as the Emir of Kano.
The Court of Appeal ruled that maintaining the status quo, as it stood before the Federal High Court’s judgment, was necessary to ensure the preservation of the subject matter of the litigation until the Supreme Court renders a final decision. The justices emphasized that the applicant’s appeal was deserving of the court’s discretion, particularly given Sanusi’s previous role as emir.
In its decision, the court stated that the balance of convenience favored the applicant, granting the injunction in the interest of justice and legal protection. The Court also ordered that the respondents refrain from enforcing the January 10 judgment that nullified the Kano State Government’s dissolution of the emirates.
The applicant has been directed to file an indemnity undertaking within 14 days in case the order is found to have been made in error.
This latest legal battle stems from the Kano State Emirate Council (Repeal) Law 2024, which reversed the creation of five new emirates in the state and reinstated Sanusi as Emir of Kano, a position he had held for five years before his removal. The Supreme Court is now tasked with providing the final verdict on the matter
