The Court of Appeal sitting in Abuja has put a stop to the enforcement of its January 10 judgment that upheld the Kano State government’s repeal of the 2019 Emirates Council Law. This halt will be in place until the Supreme Court makes a decision on the same matter. The ruling, led by Justice Okon Abang, was made last Friday.
The court’s decision grants a stay of execution, preserving the current situation in the legal dispute surrounding the Kano Emirate issue. This comes after the appellate court overturned a ruling by Justice Abubakar Liman of the Federal High Court in Kano on June 20, 2024, which had invalidated the Kano State government’s dissolution of five emirates and the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The Court of Appeal deemed that the lower court did not have jurisdiction over the case.
Dissatisfied with the ruling, an injunction request was filed by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba) against the Kano State Government, the Speaker of the State Assembly, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and other security agencies.
Dan Agundi sought to restrain the respondents from enforcing the appellate court’s judgment while awaiting the apex court’s decision.
However, in its unanimous decision, the Court of Appeal agreed that the application had merit and granted the injunction.
Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
The ruling ordered that all parties must maintain the “status quo ante bellum,” preserving the situation as it was before the Federal High Court’s judgment on June 13, 2024.
Justice Abang emphasized that the Sanusi, having served as Emir for five years before his removal, had legal rights that required protection until the Supreme Court delivers a final verdict.
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