To await the outcome of a lawsuit at the Court of Appeal, the Court of Appeal in Abuja has halted the implementation of its ruling that supported the Kano State Government’s repeal of the 2019 Emirate Council Law. According to the News Agency of (NAN), the Court of Appeal in Kano invalidated the actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, and it set aside the June 20 order issued by Justice Abubakar Liman of the Federal High Court, Kano. Sanusi Lamido Sanusi was appointed as the 16th Emir of Kano as part of this. The court determined that Justice Liman’s order invalidating the actions taken by the Kano State Government following the 2024 Emirates Council Law was issued without Jurisdiction.
The Kano State government filed an appeal with the Supreme Court after being dissatisfied with the ruling, and then they filed an injunction at the Court of Appeal.
It asked the court to halt the judgment’s execution while the appeal is heard by the highest court.
The Court of Appeal’s three-member panel, presided over by Justice Okon Abang, rendered a decision on Friday in two cases filed by Alhaji Aminu Babba Dan and designated CA/KN/27M/2025 and CA/KN/28M/2025. The Nigeria Security and Civil Defence Corps, the Inspector General of Police, the Speaker of the House of Assembly, the Kano State Government, and other security organizations were all the targets of the appeal.
In his application submitted on February 6, 2025, Alhaji Aminu Baba (Sarkin Dawaki Babba) requested an order prohibiting the respondents from implementing the appellate court’s ruling while the Supreme Court was still considering an appeal.
The applicant first filed the lawsuit in Kano to defend his fundamental rights, which served as the basis for the application.
Other reasons include the need to prevent the respondents from carrying out the judgment and the trial court’s lack of jurisdiction to hear and decide the suit.
Furthermore, the applicant contended that the newly established emirates were dissolved and Sanusi Lamido Sanusi was reinstated as the 16th Emir of Kano as a result of the Kano State Emirate Council (Repeal) Law 2024, which was approved by the governor and passed by the state legislature. The three-member panel of Justices, presided over by Abang, unanimously decided that the application was good and worthy of the court’s consideration 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.
Abang stressed that the applicant’s procedure was capable and had satisfied all legal requirements in order to obtain the requested relief when granting the injunction.
He emphasized the necessity of maintaining the litigation’s subject matter by pointing out that a legitimate appeal was already pending before the Supreme Court. Furthermore, taking into account that the applicant had been Emir for five years prior to his removal, the appeal court recognized his legal right to protection.
“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. The court also prevented the respondents from implementing the ruling from January 10 that declared the dissolution of the emirates by the Kano State Government to be invalid. Additionally, it issued an order upholding the current situation until the Supreme Court makes a final ruling. An earlier decision by the Federal High Court in Kano that declared the Kano State Emirate Council (Repeal) Law 2024 invalid was overturned by the appellate court’s judgment on January 10. This law restored Sanusi Lamido Sanusi as the Emir of Kano and overturned the establishment of five new emirates.
The Court of Appeal declared that the lower court lacked jurisdiction over chieftaincy matters, which are solely the responsibility of the state high courts, and overturned the Federal High Court’s ruling.
