The court of appeal has temporarily halted 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 puts a hold on its January 10 judgment, pending the outcome of an appeal filed at the supreme court.
On May 23, 2024, the Kano house of assembly passed the amended bill, which Abba Yusuf, the state governor, signed into law. This paved the way for Sanusi’s reinstatement as Emir of Kano.
The law repealed the 2019 version, which divided the Kano emirate into five jurisdictions and was relied upon to dethrone Muhammadu Sanusi II as emir in 2020.
Aggrieved by the decision, Aminu Agundi and Sarkin Babba of the Kano emirate approached the federal high court to restrain the respondents from enforcing, implementing, and operationalising the law that reinstated Sanusi.
On May 23, Abubakar Liman, a high court judge, 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 had challenged the court’s jurisdiction to hear the suit and the locus standi of the applicants, Liman on June 13 held that the applicants were at liberty to contest the legality of their dethronement.
In another ruling on June 20, Liman nullified all actions by the Kano state government repealing the Kano Emirates Council Law of 2019 and ordered parties to maintain the status quo pending the determination of the case.
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APPEAL COURT
However, in the verdict by the appellate court, Gabriel Kolawole, who delivered the lead judgment, held that the federal high court erred when it assumed the jurisdiction to hear the suit.
Kolawole then made an order to return the case file to the chief judge of the Kano state high court for reassignment to another judge.
Although Mustapha Mohammed and Abdul Dogo, the other presiding justices on the appeal court panel agreed with Kolawole that the federal high court had no jurisdiction to hear the issue, they disagreed that the matter should be sent back for retrial.
Consequently, the two justices struck out the proceedings of the federal high court for want of jurisdiction.
STAY OF EXECUTION
In a ruling on Friday, a three-member panel of the appeal court led by Okon Abang held that the two applications with numbers CA/KN/27M/2025 and CA/KN/28M/2025 filed by Aminu Agundi was meritorious.
Agundi, through his application filed on February 6, 2025, 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 held while ruling on the application.
