Court suspends judgment on Kano Emirate tussle, awaits Supreme Court decision

The Court of Appeal in Abuja has suspended the enforcement of its earlier judgment, which had nullified a Federal High Court ruling against the Kano State Government’s decision to reinstate former Central Bank of Nigeria (CBN) Governor, Sanusi Lamido Sanusi, as the Emir of Kano.

The ruling, delivered on Friday by a three-member panel led by Justice Okong Abang, puts the legal battle on hold pending the Supreme Court’s final verdict on the Kano Emirate tussle.

Legal Background

Sanusi’s reinstatement followed the passage of the Kano State Emirate Council (Repeal) Law 2024, which dissolved four newly created emirates and restored the traditional structure of the Kano Emirate.

However, the decision sparked legal disputes, with Alhaji Aminu Babba-Dan’agundi (the Sarkin Dawaki Babba, one of the kingmakers) filing a suit against the Kano State House of Assembly, its Speaker, the Attorney General of Kano State, and security agencies, including the Department of State Services (DSS).

In June 2024, a Federal High Court in Kano ruled in favor of Babba-Dan’agundi, declaring all steps taken to reinstate Sanusi as “null and void.”

“I hereby order that every step or action taken by the respondents (Kano State House of Assembly and others) pursuant to the Kano Emirate Council (Repeal) Law 2024 is null and void and is set aside,” ruled Justice Abdullahi Muhammad-Liman.

However, the court clarified that the ruling did not affect the validity of the law itself, instructing all parties to maintain the status quo.

The Appeal and Counter-Appeal

Disagreeing with the decision, the Kano State House of Assembly and other respondents challenged the ruling at the Court of Appeal. In January 2025, the Appeal Court overturned the Federal High Court’s judgment, holding that the trial court lacked jurisdiction and ordering a fresh hearing of the case.

In response, Babba-Dan’agundi escalated the matter to the Supreme Court and simultaneously filed an application before the Appeal Court seeking an injunction to halt the enforcement of its ruling until the apex court’s decision.

Appeal Court’s Verdict
On Friday, Justice Abang ruled in favor of the injunction, stating that Babba-Dan’agundi had presented “special circumstances” that justified the suspension of the Appeal Court’s judgment.

“The applicant has a valid and arguable appeal before the Supreme Court against our decision overruling the lower court,” Abang stated.

He further emphasized that Babba-Dan’agundi’s legal rights deserve protection pending the Supreme Court’s ruling.

The judge then issued an order restraining the Kano State Government, the Kano House of Assembly, and other respondents from enforcing the Appeal Court’s judgment.

“An injunction is hereby granted restraining the respondents (Kano State House of Assembly, Kano State Government, etc.), either by themselves, their agents, privies, servants, or personal representatives, from enforcing the judgment of this Court… pending the hearing and determination of the applicant’s appeal before the Supreme Court of Nigeria,” the ruling read.

Additionally, the judge ordered all parties to “maintain the status quo ante bellum”, meaning that the situation should remain as it was before the legal conflict began.

As a condition for the injunction, the Appeal Court directed Babba-Dan’agundi to file an undertaking within 48 hours to indemnify the respondents for damages if the order was later deemed unnecessary.

Implication

The Kano Emirate dispute remains unresolved, with the Supreme Court now set to deliver the final verdict. The Emirate Council, a key institution in Kano’s sociopolitical structure, has been at the center of controversy since Governor Abba Kabir Yusuf dissolved the newly created emirates and reinstated Sanusi on May 23, 2024.

With the injunction in place, the legal battle over the Kano Emirate throne continues, leaving the final decision in the hands of the Supreme Court.