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The Court of Appeal in Abuja has suspended its January 10, 2025 judgment that reinstated Muhammadu Sanusi II as the Emir of Kano.
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The suspension is pending the determination of an appeal at the Supreme Court, which was filed by the Kano State Government.
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The Court of Appeal held that the lower court lacked jurisdiction over chieftaincy matters.
The Court of Appeal in Abuja has suspended its January 10, 2025 judgment that reinstated Muhammadu Sanusi II as the Emir of Kano.
According to the appellate court, its January 10 verdict that approved the Kano State Government’s repeal of the 2019 Emirate Council Law, remained suspended pending the determination of an appeal at the Supreme Court.
The three-member panel of justices presided over by Justice Okon Abang, in an unanimous decision, made the declaration while delivering ruling in the two suits marked CA/KN/27M/2025, and CA/KN/28M/2025, filed by Kano State House of Assembly.
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The January 10 judgment had overturned an earlier ruling by the Federal High Court in Kano, which nullified the Kano State Emirate Council (Repeal) Law 2024.
The law reversed the creation of five new emirates and reinstated Sanusi as the Emir of Kano. While setting aside the Federal High Court’s decision, the appeal court ruled that the lower court lacked jurisdiction over chieftaincy matters which fall within the exclusive domain of the state high courts.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” Justice Abang said.
He held that the mandatory injunction is “ordered that shall maintain the status quo ante bellum as well as the sheriff of this court and trial court as was the position before the trial court delivered on 13/6/2024 in the suit no. FHC/KN/CS/182/2024.”
Justice Abang, while granting the injunction, emphasised that the applicant’s process was competent and had met all the necessary legal conditions required to obtain the relief sought.
“For giving more priority to consistent stakeholders engagement in the region that has contributed to the peace we enjoy in the Niger Delta is a giant stride…,” the court stated, although this statement appears unrelated to the Emir Sanusi case. Instead, the court noted that a valid appeal was already pending before the Supreme Court, reinforcing the need to preserve the subject matter of the litigation.
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Additionally, the Appeal Court acknowledged the applicant’s legal right to protection, considering that he had served as Emir for five years before his removal. “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 further restrained the respondents from enforcing the January 10 judgment that nullified the Kano State Government’s dissolution of the emirates. It also granted an order maintaining the status quo until the Supreme Court renders a final decision.
