The Court of Appeal in Abuja has issued an injunction restraining the enforcement of its earlier judgment that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. This decision comes pending the determination of an appeal filed at the Supreme Court.
The appellate court had previously set aside a June 20, 2024, ruling by Justice Abubakar Liman of the Federal High Court in Kano, which nullified actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024. These actions included the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano. The Court of Appeal held that Justice Liman lacked jurisdiction to issue the order.
Dissatisfied with the appellate court’s judgment, the Kano State Government appealed to the Supreme Court and sought an injunction to stay the execution of the judgment. The application was filed by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba), who argued that the respondents—including the Kano State Government, the Speaker of the House of Assembly, and security agencies—should be restrained from enforcing the judgment while the appeal is pending.
In a unanimous ruling on Friday, a three-member panel of justices led by Justice Okon Abang granted the injunction, emphasizing the need to maintain the status quo ante bellum (the state of affairs before the dispute) pending the Supreme Court’s decision. The court noted that the applicant’s process was competent and met all legal requirements, and that a valid appeal was already before the apex court.
Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.” He added that the balance of convenience favored the applicant, who had served as emir for five years before his removal, and that it was necessary to protect his rights during the litigation.
The Court of Appeal also restrained the respondents from enforcing its January 10 judgment, which had nullified the Kano State Government’s dissolution of the emirates. The applicant was directed to file an undertaking within 14 days to indemnify the respondents in damages if the order was later found to be unjustified.
This ruling follows the appellate court’s earlier decision to overturn the Federal High Court’s nullification of the Kano State Emirate Council (Repeal) Law 2024, which had reversed the creation of five new emirates and reinstated Sanusi Lamido Sanusi as Emir of Kano. The Court of Appeal ruled that the Federal High Court lacked jurisdiction over chieftaincy matters, which fall under the exclusive jurisdiction of state high courts.
The case continues to draw significant attention as it awaits a final decision from the Supreme Court. (NAN)
