The Abuja Court of Appeal temporarily suspended the enforcement of its ruling which upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. The ruling is as the case advances to the Supreme Court for resolution.
LindaIkeji Blog reports that the Court of Appeal has invalidated a June 20 judgment by Justice Abubakar Liman of the Federal High Court in Kano. The aforementioned judgment had nullified the Kano State Government’s move to withdraw the 2019 Emirate Council Law, which in turn led to the controversial reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The appellate court ruled that the Federal High Court had no jurisdiction over the case, as it is a matter of state-specific chieftaincy. The Kano State Government was not satisfied with the ruling and appealed the judgment and sought an injunction to prevent its enforcement until the case is determined by the Supreme Court.
Friday, March 14, saw a three-judge panel of justices, led by Justice Okon Abang, grant the injunction in favor of Alhaji Aminu Babba Dan, who had originally filed the suit alleging his fundamental rights were being threatened. Dan’s attorneys argued that the Federal High Court lacked jurisdiction in the matter and that Kano Emirate Council (Repeal) Law 2024, which canceled the new emirates and restored Sanusi to the office of emir, was lawfully enacted by the state legislature and signed into law by the governor.
Considering the sensitive nature of the case, the Court of Appeal ruled that the status quo ante the judgment of the Federal High Court had to be maintained. This would maintain the subject matter of the dispute intact until the Supreme Court renders a final judgment.
The appellate court emphasized that the balance of convenience favored the applicant, granting the injunction in order to preserve justice and legality. In addition, it instructed all parties involved to desist from enforcing the Federal High Court’s ruling, which had basically nullified the dissolution of the emirates.
According to the terms of the judgment, the applicant has been ordered to provide an indemnity undertaking within 14 days in case the order is later discovered to have been made in error. This political battle is a consequence of the Kano State Emirate Council (Repeal) Law 2024, which abrogated the controversial creation of five new emirates and reinstalled Sanusi Lamido Sanusi as Emir of Kano.
Sanusi, previously in office for five years when he was dethroned in 2020, was reinstated following the passage of the new law. Now, all wait with bated breath for the Supreme Court to deliver the final verdict on the legitimacy of the Kano State Government’s action. In the meantime, the fate of the Kano Emirate remains in the balance of the law.
