In a new development in the Kano Emirate leadership dispute, the Court of Appeal in Abuja has put a hold on the enforcement of its January 10 judgment that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law.
This decision will remain in effect until the Supreme Court delivers its verdict on the appeal.
The Court of Appeal in Kano had earlier set aside the June 20 order issued by Justice Abubakar Liman of the Federal High Court, Kano, which nullified actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The appellate court, which sat in Abuja, ruled that Justice Liman lacked jurisdiction when he nullified the Kano State Government’s decisions under the 2024 Emirates Council Law.
Following this ruling, the Kano State Government challenged the judgment at the Supreme Court and subsequently filed an injunction at the Court of Appeal, requesting a stay of execution while the Supreme Court deliberates on the matter.
On Friday, a three-member panel of justices led by Justice Okon Abang delivered a ruling on the injunction in two cases; CA/KN/27M/2025 and CA/KN/28M/2025, filed by Alhaji Aminu Babba Dan 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.
Aminu Babba Dan (Sarkin Dawaki Babba) had submitted an application on February 6, 2025, seeking an order to prevent the respondents from enforcing the appellate court’s judgment while the case remains pending at the Supreme Court.
According to the application, the initial suit in Kano was intended to protect the applicant’s fundamental rights, and the trial court lacked jurisdiction over the matter.
The application also sought to prevent the enforcement of the Kano State Emirate Council (Repeal) Law 2024, which had dissolved newly created emirates and reinstated Sanusi Lamido Sanusi as the 16th Emir of Kano.
In a unanimous ruling, the panel of justices, led by Abang, determined that the application was well-founded and warranted judicial 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,” Abang stated.
He further ruled, “The mandatory injunction is ordered that shall maintain the status quo ante bellum as well as the sheriff of this court and trial court as was the position before the trial court in its delivered on 13/6/2024 in the suit no. FHC/KN/CS/182/2024.”
Justice Abang explained that the applicant had met all necessary legal requirements for the relief sought.
Since the Supreme Court is already considering an appeal, it was crucial to preserve the matter until a final ruling is made.
He also emphasized that the applicant’s legal rights should be protected, noting 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. It is deserving to protect him pending the determination of the Supreme Court,” Abang ruled.
The court subsequently restrained the respondents from executing the January 10 judgment, which had nullified the Kano State Government’s dissolution of the emirates.
It also maintained the status quo until the Supreme Court delivers its verdict.
Additionally, the applicant was instructed to file an undertaking within 14 days, agreeing to indemnify the respondents in damages should the order prove unnecessary.
The Court of Appeal’s January 10 judgment had previously overturned a Federal High Court ruling that 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.
In its judgment, the Court of Appeal ruled that the Federal High Court had no jurisdiction over chieftaincy matters, which fall under the exclusive jurisdiction of state high courts.
