Abuja Appeal court has stopped Sanusi’s enthronement as Kano Emir.
NewsOnline Nigeria reports that the Court of Appeal sitting in Abuja, on Friday, halted the enforcement of its January 10 judgment, which upheld the Kano State Government’s decision to repeal the 2019 Emirate Council Law.
The ruling was delivered by a three-man Appeal Court panel led by Justice Okon Abang.
In its ruling, the court also set aside the June 20, 2024, order of the Federal High Court in Kano, which nullified the Kano State Government’s actions under the Kano State Emirate Council (Repeal) Law 2024, these actions included dissolving the five emirates created in 2019 and the reinstatement of Sanusi II as Emir.
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By implication, the final decision on the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano or otherwise would now await the pronouncement of the Supreme Court.
Recall that Sanusi was reinstated as the Emir Of Kano by Governor Abba Yusuf following the passage of the Kano State Emirate Council (Repeal) Law 2024 by the State House of Assembly.
The Governor also dethroned the 15th Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammadu Sanusi II as the Emir of Kano.
However, a kingmaker in Kano, Alhaji Aminu Babba-Dan’agundi (who holds the title of Sarkin Dawaki Babba), challenged the development.
A Federal High Court sitting in Kano had, in June 2024, nullified the steps taken to reappoint Muhammadu Sanusi II as the 16th Emir of Kano, following an application by Babba-Dan’agundi.
Delivering his ruling, Justice Abdullahi Muhammad-Liman of the trial court in Kano declared that all actions carried out by the state government following the passage of the Kano Emirate Council (Repeal) Law 2024 were null and void.
However, the State House of Assembly challenged the ruling at the Appeal Court.
In January 2025, the Appeal Court set aside the judgment of the trial court, which had given a status quo order against the passage of the Emirate bill and ordered the retrial of the case afresh.
The Appeal Court also held that the trial court lacked jurisdiction to entertain the suit.
The matter then proceeded to the Supreme Court.
On Friday, Justice Okon Abang agreed with the Kano State Assembly that an application for an injunction pending appeal at the Supreme Court can only be granted where the applicant has disclosed “special circumstances” warranting such an order.
He said the Appeal Court was satisfied that the applicant (Babba-Dan’agundi) had a valid and arguable appeal before the Supreme Court against its decision overruling the lower court.
He added that the applicant has a legal right that deserves protection pending the outcome of his appeal at the Supreme Court.
The judge ruled that it was in the overall interest of justice to grant the application.
“ An injunction is hereby granted restraining the respondents (Kano State House of Assembly, Kano State Government, etc.), either by themselves, their agents, privies, servants, or personal representatives, from enforcing the judgment of this Court in Appeal No. CA/KN/126/2024 – KANO STATE HOUSE OF ASSEMBLY & ANOR VS ALHAJI AMINU BABBA-DAN’AGUNDI & OTHERS delivered on 10/1/2025, pending the hearing and determination of the applicant’s appeal filed on 24/1/2025 before the Supreme Court of Nigeria,” he said.
He also ordered that parties “maintain the status quo ante bellum” (the condition that existed before the legal conflict arose), as well as the Sheriff of this Court and the trial Court, as was the position before the trial court’s judgment delivered on 13/6/2024 in Suit No. FHC/KN/CS/182/2024 – Alhaji Aminu Babba-Dan’agundi V Kano State House Of Assembly & 7 Others, pending the hearing and determination of the applicant’s appeal against the judgment of this Court in Appeal No. CA/KN/126/2024.
The Appeal Court further held that the applicant must, within 48 hours, file an undertaking to indemnify the respondents in damages in the event that the order ought not to have been made.
