The Court of Appeal in Abuja has issued a suspension on enforcing its earlier judgment that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. This suspension will be in effect until the Supreme Court makes a determination on the matter.
According to the News Agency of Nigeria (NAN), the Court of Appeal in Kano nullified the June 20 order by Justice Abubakar Liman of the Federal High Court, Kano. This order had previously invalidated 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 court determined that Justice Liman's order, which nullified the steps taken by the Kano State Government under the 2024 Emirates Council Law, was made without proper jurisdiction.
Unhappy with this judgment, the Kano State Government appealed to the Supreme Court and subsequently sought an injunction from the Court of Appeal. This injunction aimed to halt the enforcement of the judgment until the Supreme Court reached a decision.
On Friday, a three-member panel of justices led by Justice Okon Abang ruled on the injunction in two suits filed by Alhaji Aminu Babba Dan against the Kano State Government and other parties. Alhaji Aminu Baba, through his application, sought to prevent the respondents from enforcing the appellate court’s judgment while an appeal was pending at the Supreme Court.
The application was based on the grounds that the original suit was initiated to protect the applicant's fundamental rights, the trial court lacked jurisdiction to hear the case, and there was a need to halt the judgment's execution.
The applicant also argued that the Kano State Emirate Council (Repeal) Law 2024, which dissolved the newly created emirates and reinstated Sanusi Lamido Sanusi as the Emir of Kano, was legally enacted by the state legislature and approved by the governor.
In a unanimous decision, the panel of justices found the application to be meritorious and deserving of the court’s discretion in the interest of justice. Justice Abang emphasized that the mandatory injunction required maintaining the status quo as it was before the trial court's decision.
The court noted that a valid appeal was pending before the Supreme Court, underscoring the importance of preserving the subject matter of the litigation. It acknowledged the applicant's legal right to protection, considering his five-year tenure as emir before his removal.
The Court of Appeal further restrained the respondents from enforcing the January 10 judgment, which nullified the dissolution of the emirates by the Kano State Government. The status quo will be maintained until the Supreme Court issues a final ruling.
The applicant was directed to file an undertaking within 14 days to indemnify the respondents for any damages that might result if the order was not made.
The appellate court’s January 10 judgment had overturned an earlier ruling by the Federal High Court in Kano, which 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. The Court of Appeal ruled that the Federal High Court lacked jurisdiction over chieftaincy matters, which fall under the exclusive domain of the state high courts.
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