The Court of Appeal in Abuja, Nigeria, on Friday issued an order to halt the enforcement of its own judgement that gave recognition to Sanusi Lamido Sanusi as the 16th Emir of Kano.
A three-member panel of the appellate Court in the latest ruling held that its judgement of January 10, that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law, should not be enforced until the apex court delivers its verdict in the appeal.
It would be recalled that the Court of Appeal in Kano had set aside the June 20 order by Justice Abubakar Liman of the Federal High Court, Kano, which voided all the steps/actions taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The appellate court took the decision on the grounds that Justice Liman acted without jurisdiction.
Dissatisfied with the judgement, the appellant approached the Supreme Court to upturn the decision of the appellate court.
Besides, the appellant filed an injunction at the Court of Appeal urging it to stay execution of the judgement pending determination of the appeal at the apex court.
Ruling on the motion yesterday, the three-member panel of justices led by Justice Okon Abang held that the application was meritorious and deserving of the court’s 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,” he said.
The appellate court further held that the proper order the court should make “shall be the maintaining of the status quo ante bellum”, adding that “the sheriff of this court and trial court as was the position before the trial court in the judgement delivered on 13/6/2024 in the suit no. FHC/KN/CS/182/2024.”
Justice Abang, in granting the injunction, emphasised that the applicant’s process was competent and had met all the necessary legal conditions required to obtain the relief sought.
He noted that a valid appeal was already pending before the Supreme Court, reinforcing the need to preserve the subject matter of the litigation.
Additionally, the appeal court acknowledged the applicant’s legal right to protection, considering 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.
Meanwhile, the applicant was directed to file an undertaking within 14 days in court to indemnify the respondents in damages in the event that the order was not to have been made.
The ruling involved two suits marked: CA/KN/27M/2025 and CA/KN/28M/2025, filed by Alhaji Aminu Babba Dan.
The appeal was brought 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 Baba Dan (Sarkin Dawaki Babba) through its application filed on February 6, 2025, sought an order restraining the respondents from enforcing the appellate court’s judgement while an appeal was pending at the Supreme Court.
The appellate court’s January 10 judgement 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, in setting aside the Federal High Court’s decision, ruled that the lower court lacked jurisdiction over chieftaincy matters, which fall within the exclusive domain of the state high courts.
THISDAY
