Court of Appeal Blocks Kano Government’s Move to Reinstate Sanusi II as Emir
The Court of Appeal in Abuja has halted the enforcement of its January 10 judgment, which upheld the Kano State Government’s repeal of the 2019 Emirate Council Law.
This decision stops the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano until the Supreme Court rules on the appeal.
The court also set aside the June 20 order of the Federal High Court in Kano, which had nullified the Kano State Government’s actions under the Kano State Emirate Council (Repeal) Law 2024. These actions included dissolving the five emirates created in 2019 and reinstating Sanusi II as Emir.
The Kano State Government, dissatisfied with the ruling, took the case to the Supreme Court and also sought an injunction from the Court of Appeal to stop the execution of the judgment.
A three-member panel of justices, led by Justice Okon Abang, granted the request in two suits filed by Alhaji Aminu Babba Dan (Sarkin Dawaki Babba) 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 Babba Dan, in his application filed on February 6, 2025, sought an order stopping the enforcement of the appellate court’s January 10 judgment while the case was still pending at the Supreme Court.
His arguments included:
– The trial court lacked jurisdiction.
– His fundamental rights were at risk.
– The ruling should not be enforced until the Supreme Court decides.
He also argued that the Kano State Emirate Council (Repeal) Law 2024, which dissolved the new emirates and reinstated Sanusi II, was lawfully enacted by the Kano State House of Assembly and signed by the governor.
The justices ruled in favor of the application. Justice Abang, delivering the judgment, stated that the court must maintain the situation as it was before the Federal High Court’s decision on June 13, 2024.
The court held that since an appeal was already before the Supreme Court, it was necessary to preserve the case’s subject matter.
The ruling restrained the Kano State Government and other respondents from enforcing the January 10 judgment and ordered that the situation remain unchanged until the Supreme Court’s final decision.
The applicant was also directed to file an undertaking within 14 days to compensate the respondents for any damages if the order is later found to be unnecessary.
The Court of Appeal’s January 10 judgment had previously overturned a ruling by the Federal High Court in Kano, which declared the Kano State Emirate Council (Repeal) Law 2024 null and void.
The appellate court held that chieftaincy matters fall under the jurisdiction of state high courts, not federal courts.
With the case now before the Supreme Court, the Kano Emirate dispute remains unresolved.
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