The Court of Appeal sitting in Abuja has halted the enforcement of its January 10 judgement, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law, pending the Supreme Court’s determination of an appeal on the same matter.
The ruling was delivered on Friday by a three-member panel led by Justice Okon Abang.
The court granted a stay of execution, effectively maintaining the status quo in the ongoing legal tussle over the Kano Emirate tussle.
The appellate court had earlier set aside a June 20, 2024 ruling by Justice Abubakar Liman of the Federal High Court in Kano on the matter, which nullified the Kano State government’s dissolution of five Emirates in the State and the subsequent reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
The Court of Appeal then ruled that the lower court lacked jurisdiction over the case.
Dissatisfied with the ruling, an injunction request was filed by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba) against the Kano State Government, the Speaker of the State Assembly, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and other security agencies.
Dan Agundi sought to restrain the respondents from enforcing the appellate court’s judgement while awaiting the apex court’s decision.
However, in its unanimous decision, the Court of Appeal agreed that the application had merit and granted the injunction.
Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
The ruling ordered that all parties must maintain the “status quo ante bellum,” preserving the situation as it was before the Federal High Court’s judgement on June 13, 2024.
Justice Abang emphasised that the applicant, having served as Emir for five years before his removal, had legal rights that required protection until the Supreme Court delivers a final verdict.
