The Court of Appeal sitting in Abuja has halted the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano, pending the determination of an appeal currently before the Supreme Court.
In a unanimous ruling delivered on Friday, a three-member panel of justices led by Justice Okon Abang granted a stay of execution on the January 10, 2025 judgment that had earlier vacated the nullification of Sanusi II’s appointment by a Kano State High Court. The appellate court found merit in the applications—CA/KN/27M/2025 and CA/KN/28M/2025—seeking to halt enforcement of the judgment until the apex court rules on the matter.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” Justice Abang stated.
He further emphasized that the subject matter required preservation, noting that the applicant had served as emir for five years before his removal and deserved protection until the legal dispute is fully resolved.
On January 10, Justice Gabriel Kolawole had delivered a ruling vacating the earlier order against Sanusi II’s appointment, describing the Federal High Court’s decision to nullify the Kano State government’s Kano Emirates Council (Repeal) Law 2024 as a “grave error.” Justice Kolawole held that the matter, being a chieftaincy dispute, should have been determined by the Kano State High Court, not the Federal High Court.
The Federal High Court in Kano, presided over by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s law that reinstated Sanusi II as Emir and directed all parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.
However, the Court of Appeal disagreed with that ruling, citing Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act. The appellate court concluded that the dispute was a chieftaincy and state legislative issue, not a fundamental rights matter, and should therefore have been heard by either the Kano State High Court or the FCT High Court.
“The proper order to make is to order the first respondent (Baba-Dan’Agundi) to transfer the pending suit before the Federal High Court to the High Court of Kano State where the Chief Judge shall assign it to a judge who has not been previously involved in the hearing of the suit,” Justice Kolawole ruled at the time.
A cost of N500,000 was awarded against Dan’Agundi and in favour of the Kano State House of Assembly.
However, following dissenting opinions from Justice Mohammed Mustapha and Justice Abdul Dogo, who argued that the suit at the Federal High Court should be struck out rather than transferred, the matter was struck out.
The complex legal battle has involved multiple appeals, including:
- CA/KN/126/2024 between the Kano State House of Assembly and Dan’Agundi
- CA/ABJ/140/2023 between the Kano State House of Assembly and Dan’Agundi
- CA/ABJ/142/2024 between the Kano State Government and Dan’Agundi
- CA/KN/200/2024 between Alhaji Aminu Ado Bayero and the Attorney General of Kano State
- CA/KN/161/2020 between the Kano State Government and Dan’Agundi
