The Court of Appeal Abuja Division has suspended the enforcement of its judgment, which quashed a Federal High Court ruling nullifying the Kano State Government’s steps regarding the reinstatement of Sanusi Lamido Sanusi, as the Emir of Kano.
The Appellate court’s three-man panel of justices led by Justice Okon Abang gave the verdict in Abuja.
The suspension is pending a final verdict on the Kano Emirate tussle by the Supreme Court in view of the Kano State Emirate Council (Repeal) Law 2024.
Sanusi’s reinstatement followed the passage of the Kano State Emirate Council Repeal Law 2024 by the State House of Assembly amid a legal dispute instituted by the legal team of Aminu Babba-Dan’agundi the Sarkin Dawaki Babba, one of the kingmakers.
A Federal High Court sitting in Kano had, in June 2024, nullified the steps taken to reappoint Sanusi Lamido Sanusi II as the 16th Emir of Kano, following an application by Babba-Dan’agundi.
The law promulgated by the state government had repealed the 2019 Emirate Council Law, which established five emirates from the original Kano Emirate under former Governor Abdullahi Ganduje.
In January 2025, the Appeal Court set aside the judgment of the trial court, which had given a status quo order against the passage of the Emirate bill and ordered the retrial of the case afresh.
The Appeal Court also held that the trial court lacked jurisdiction to entertain the suit.
Parties then appealed to the Supreme Court for final redress, while Babba-Dan’agundi filed an application before the Appeal Court seeking an injunction restraining the respondents from enforcing the judgment of the Appeal Court pending the outcome of the Supreme Court decision.
Ruling on the application, Justice Okon Abang agreed with the Kano State Assembly that an application for an injunction pending appeal at the Supreme Court can only be granted where the applicant has disclosed “special circumstances” warranting such an order.
He added that the applicant has a legal right that deserves protection pending the outcome of his appeal at the Supreme Court.
The court ruled that it was in the overall interest of justice to grant the application.
Governor Abba Kabir Yusuf, on May 23, 2024, dethroned the 15th Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammadu Sanusi II as the Emir of Kano.