The Court of Appeal in Abuja on Friday suspended the enforcement of its judgment, which had struck out a Federal High Court ruling nullifying the Kano State Government’s steps regarding the reinstatement of Sanusi Lamido Sanusi, a former Governor of the Central Bank of Nigeria (CBN), as the Emir of Kano.
The ruling was delivered by a three-man panel of the Appeal Court, led by Justice Okong Abang.
The suspension is pending a final verdict on the Kano Emirate tussle by the Supreme Court of Nigeria, in view of the Kano State Emirate Council (Repeal) Law 2024.
Sanusi’s reinstatement followed the passage of the Kano State Emirate Council (Repeal) Law 2024 by the State House of Assembly amid a legal dispute instituted by the legal team of Alhaji Aminu Babba-Dan’agundi (who holds the title of Sarkin Dawaki Babba), one of the kingmakers.
Legal Disputes
Recall that 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.
- Babba-Dan’agundi sued the Kano State House of Assembly, the Speaker of the Kano State House of Assembly, the Attorney General of Kano State, and security agencies, including the Department of State Services (DSS).
- The law promoted by the state government had repealed the 2019 Emirate Council Law, which established five emirates from the original Kano Emirate under former Governor Abdullahi Ganduje.
- 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.
“I hereby order that every step or action taken by the respondents (Kano State House of Assembly and others) pursuant to the Kano Emirate Council (Repeal) Law 2024 is null and void and is set aside.
“However, this order does not affect the validity of the law,” the judge said, ordering all parties to maintain the status quo.
- Disagreeing with the lower court, the State House of Assembly and others appealed to 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.
Parties then appealed to the Supreme Court for final redress, while Babba-Dan’agundi filed an application before the Appeal Court seeking an injunction restraining the respondents from enforcing the judgment of the Appeal Court pending the outcome of the Supreme Court decision.
What the Appeal Court Said
Ruling on the application on Friday, Justice Okong Abang agreed 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) has 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 is in the overall interest of justice to grant the application.
The judge ordered as follows:
“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 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.
What You Should Know
The Emirate Council system is one of the core institutions that plays an active role in the socio-economic development of their respective jurisdiction.
Recall that the Kano State House of Assembly on May 23, 2024, dissolved all four newly created emirate councils in the state.
After resuming office, Governor Abba Kabir Yusuf, on May 23, 2024, dethroned the 15th Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammadu Sanusi II as the Emir of Kano.
