The Court of Appeal in Abuja has temporarily paused the enforcement of its ruling that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law, pending a decision by the Supreme Court.
The ruling by the Court of Appeal overruled a June 20 decision by Justice Abubakar Liman of the Federal High Court in Kano, which had annulled the Kano State Government’s actions related to the Kano State Emirate Council (Repeal) Law 2024. This included the controversial reappointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The Court of Appeal determined that the Federal High Court lacked jurisdiction in the case, as it dealt with state-specific chieftaincy matters. The Kano State Government, dissatisfied with this judgment, appealed the decision and sought an injunction to prevent enforcement of the ruling while the matter is pending before the Supreme Court.
On March 14, a three-member panel of justices, led by Justice Okon Abang, granted the injunction, agreeing with Alhaji Aminu Babba Dan’s legal representative that the application was valid. Dan, who had initially sought to protect his fundamental rights, 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. The law reversed the creation of five new emirates and reinstated Sanusi as Emir of Kano.
The Court of Appeal emphasized that maintaining the status quo before the Federal High Court’s judgment was necessary to preserve the subject matter of the case until the Supreme Court gives its final ruling. The justices also noted that the applicant’s appeal warranted the court’s discretion, especially considering Sanusi’s prior role as emir.
In its decision, the Court ruled that the balance of convenience favored the applicant and granted the injunction in the interest of justice. It also ordered the respondents to refrain from enforcing the January 10 ruling that annulled the Kano State Government’s dissolution of the emirates.
The applicant has been ordered to file an indemnity undertaking within 14 days in case the injunction is later found to have been granted in error.
This ongoing legal conflict stems from the Kano State Emirate Council (Repeal) Law 2024, which dissolved five newly created emirates in the state and reinstated Sanusi as Emir of Kano, a position he held for five years before his removal. The Supreme Court will now deliver the final judgment on the matter.