The Court of Appeal sitting in Abuja has issued a stay of execution on its January 10 judgment, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law.
This decision effectively halts any enforcement actions related to the appellate ruling until the Supreme Court delivers its final verdict on the ongoing dispute.
The ruling was delivered on Friday by a three-member panel of justices, led by Justice Okon Abang.
The decision is a significant development in the protracted legal battle surrounding the Kano Emirate, as it temporarily preserves the status quo in the controversy over the state government’s dissolution of the five emirates and the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
Earlier, the Court of Appeal had nullified the June 20, 2024, judgment of Justice Abubakar Liman of the Federal High Court in Kano, which had invalidated the Kano State government’s dissolution of the emirates and reinstated Sanusi II. The appellate court ruled that the lower court lacked jurisdiction over the matter.
However, dissatisfied with the appellate court’s decision, Alhaji Aminu Babba Dan Agundi, the Sarkin Dawaki Babba, filed an injunction request 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.
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Dan Agundi sought to prevent the respondents from enforcing the appellate court’s ruling while the Supreme Court reviews the case.
In a unanimous decision, the Court of Appeal found merit in the application and granted the stay of execution. Justice Abang, while delivering the ruling, emphasized the necessity of exercising judicial discretion in the interest of justice.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” Justice Abang stated.
The ruling directs all parties involved to maintain the “status quo ante bellum,” ensuring that the situation remains as it was before the Federal High Court’s ruling on June 13, 2024.
Justice Abang further noted that the applicant, having served as Emir for five years before his removal, possesses legal rights that warrant protection until the Supreme Court resolves the matter conclusively.
The legal battle over the Kano Emirate remains a subject of intense political and traditional significance, with far-reaching implications for governance and chieftaincy affairs in the state.
Observers now await the Supreme Court’s decision, which will ultimately determine the fate of the Kano Emirate structure and its leadership.