The Courtroom of Appeal in Abuja on Friday suspended the enforcement of its judgment, which had struck out a Federal Excessive Courtroom ruling nullifying the Kano State Authorities’s steps concerning the reinstatement of Sanusi Lamido Sanusi, a former Governor of the Central Bank of Nigeria (CBN), because the Emir of Kano.
The ruling was delivered by a three-man panel of the Appeal Courtroom, led by Justice Okong Abang.
The suspension is pending a last verdict on the Kano Emirate tussle by the Supreme Courtroom of Nigeria, in view of the Kano State Emirate Council (Repeal) Legislation 2024.
Sanusi’s reinstatement adopted the passage of the Kano State Emirate Council (Repeal) Legislation 2024 by the State Home of Meeting amid a authorized dispute instituted by the authorized crew of Alhaji Aminu Babba-Dan’agundi (who holds the title of Sarkin Dawaki Babba), one of many kingmakers.
Authorized Disputes
Recall {that a} Federal Excessive Courtroom sitting in Kano had, in June 2024, nullified the steps taken to reappoint Muhammadu Sanusi II because the sixteenth Emir of Kano, following an software by Babba-Dan’agundi.
- Babba-Dan’agundi sued the Kano State Home of Meeting, the Speaker of the Kano State Home of Meeting, the Lawyer Basic of Kano State, and safety companies, together with the Division of State Providers (DSS).
- The regulation promoted by the state authorities had repealed the 2019 Emirate Council Legislation, which established 5 emirates from the unique Kano Emirate underneath former Governor Abdullahi Ganduje.
- Delivering his ruling, Justice Abdullahi Muhammad-Liman of the trial court docket in Kano declared that each one actions carried out by the state authorities following the passage of the Kano Emirate Council (Repeal) Legislation 2024 have been null and void.
“I hereby order that each step or motion taken by the respondents (Kano State Home of Meeting and others) pursuant to the Kano Emirate Council (Repeal) Legislation 2024 is null and void and is put aside.
“Nevertheless, this order doesn’t have an effect on the validity of the regulation,” the decide mentioned, ordering all events to keep up the established order.
- Disagreeing with the decrease court docket, the State Home of Meeting and others appealed to the Appeal Courtroom.
- In January 2025, the Appeal Courtroom put aside the judgment of the trial court docket, which had given a established order order in opposition to the passage of the Emirate invoice and ordered the retrial of the case afresh.
- The Appeal Courtroom additionally held that the trial court docket lacked jurisdiction to entertain the go well with.
Events then appealed to the Supreme Courtroom for last redress, whereas Babba-Dan’agundi filed an software earlier than the Appeal Courtroom in search of an injunction restraining the respondents from imposing the judgment of the Appeal Courtroom pending the end result of the Supreme Courtroom choice.
What the Appeal Courtroom Mentioned
Ruling on the appliance on Friday, Justice Okong Abang agreed that an software for an injunction pending attraction on the Supreme Courtroom can solely be granted the place the applicant has disclosed “particular circumstances” warranting such an order.
- He mentioned the Appeal Courtroom was glad that the applicant (Babba-Dan’agundi) has a sound and controversial attraction earlier than the Supreme Courtroom in opposition to its choice overruling the decrease court docket.
- He added that the applicant has a authorized proper that deserves safety pending the end result of his attraction on the Supreme Courtroom.
The decide dominated that it’s within the general curiosity of justice to grant the appliance.
The decide ordered as follows:
“An injunction is hereby granted restraining the respondents (Kano State Home of Meeting, Kano State Authorities, and so on.), both by themselves, their brokers, privies, servants, or private representatives, from imposing the judgment of this Courtroom in Appeal No. CA/KN/126/2024 – KANO STATE HOUSE OF ASSEMBLY & ANOR VS ALHAJI AMINU BABBA-DAN’AGUNDI & OTHERS delivered on 10/1/2025, pending the listening to and dedication of the applicant’s attraction filed on 24/1/2025 earlier than the Supreme Courtroom of Nigeria.”
He additionally ordered that events “preserve the established order ante bellum” (the situation that existed earlier than the authorized battle arose), in addition to the Sheriff of this Courtroom and the trial Courtroom, as was the place earlier than the trial court docket’s judgment delivered on 13/6/2024 in Go well with No. FHC/KN/CS/182/2024 – ALHAJI AMINU BABBA-DAN’AGUNDI V KANO STATE HOUSE OF ASSEMBLY & 7 OTHERS, pending the listening to and dedication of the applicant’s attraction in opposition to the judgment of this Courtroom in Appeal No. CA/KN/126/2024.”
The Appeal Courtroom additional held that the applicant should inside 48 hours file an enterprise to indemnify the respondents in damages within the occasion that the order ought to not have been made.
What You Ought to Know
The Emirate Council system is among the core establishments that performs an lively function within the socio-economic improvement of their respective jurisdiction.
Recall that the Kano State Home of Meeting on Might 23, 2024, dissolved all 4 newly created emirate councils within the state.
After resuming workplace, Governor Abba Kabir Yusuf, on Might 23, 2024, dethroned the fifteenth Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammadu Sanusi II because the Emir of Kano.
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