KANO, Nigeria – The Court of Appeal has temporarily suspended the enforcement of its own ruling, which had overturned a Federal High Court decision invalidating the Kano State Government’s repeal of the 2019 Emirate Council Law.
The appellate court’s decision, issued on Friday, March 14, 2025, puts a hold on its January 10, 2025 judgment pending the outcome of an appeal filed at the Supreme Court.
The legal dispute stems from the Kano State House of Assembly’s passage of an amended bill on May 23, 2024, which Governor Abba Yusuf signed into law.
The new law repealed the 2019 version that had divided the Kano Emirate into five jurisdictions and was used to dethrone Muhammadu Sanusi II as Emir in 2020. The repeal paved the way for Sanusi’s reinstatement.
However, Aminu Agundi and Sarkin Babba of the Kano Emirate, aggrieved by the decision, approached the Federal High Court to restrain the state government from enforcing the new law.
On May 23, 2024, Justice Abubakar Liman of the Federal High Court ordered the defendants to “suspend” and “not give effect to the Kano State Emirate Council (Repeal) Law, 2024, as they affect all offices and institutions of the Emirate Council created according to the provisions of the Kano State Emirate Council Law, 2019.”
Although the defendants challenged the court’s jurisdiction and the applicants’ locus standi, Justice Liman ruled on June 13, 2024, that the applicants were entitled to contest the legality of their dethronement.
In a subsequent ruling on June 20, 2024, Liman nullified all actions by the Kano State Government repealing the 2019 law and ordered parties to maintain the status quo pending the determination of the case.
The Court of Appeal, however, overturned the Federal High Court’s decision.
In a lead judgment delivered by Justice Gabriel Kolawole, the appellate court held that the Federal High Court erred in assuming jurisdiction over the matter.
Kolawole ordered the case file to be returned to the Chief Judge of the Kano State High Court for reassignment to another judge.
While Justices Mustapha Mohammed and Abdul Dogo agreed that the Federal High Court lacked jurisdiction, they dissented on sending the matter back for retrial, instead striking out the proceedings entirely.
In a ruling on Friday, March 14, 2025, a three-member panel of the Court of Appeal, led by Justice Okon Abang, held that two applications filed by Aminu Agundi were meritorious.
Agundi had sought an order restraining the respondents from enforcing the appellate court’s judgment while an appeal was pending at the Supreme Court.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” the Court of Appeal stated in its ruling.
The suspension of the appellate court’s judgment adds another layer of complexity to the legal battle over the Kano Emirate, leaving the status of Sanusi’s reinstatement in limbo.
As the case moves to the Supreme Court, stakeholders are closely watching how the judiciary will resolve the contentious issue
