JUST IN: Court of Appeal Halts Enforcement of Judgment in Kano Emirate Dispute

In a fresh twist to the ongoing Kano Emirate leadership tussle, the Court of Appeal in Abuja has halted the enforcement of its January 10 judgment, which upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. The stay of execution will remain in effect pending the Supreme Court’s determination of an appeal on the matter.

The appellate court had previously set aside a June 20 ruling by Justice Abubakar Liman of the Federal High Court, Kano, which nullified actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024. These actions included the dissolution of newly created emirates and the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano. The Court of Appeal ruled that Justice Liman had acted without jurisdiction in nullifying these steps.

Kano Government Appeals to Supreme Court

Dissatisfied with the ruling, the Kano State Government filed an appeal at the Supreme Court and sought an injunction from the Court of Appeal to stay execution of the judgment until the apex court’s decision.

A three-member panel of justices, led by Justice Okon Abang, ruled on the injunction request on Friday. The case, filed under suits CA/KN/27M/2025 and CA/KN/28M/2025, was brought by Alhaji Aminu Babba Dan (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.

Alhaji Aminu Babba Dan had filed the application on February 6, 2025, seeking to restrain the respondents from enforcing the appellate court’s January 10 ruling while the appeal was pending before the Supreme Court. His argument was based on the claim that the trial court lacked jurisdiction over the case and that the Kano Emirate Council (Repeal) Law 2024 was legally enacted by the state legislature and assented to by the governor.

Court Rules in Favor of Injunction

In a unanimous decision, the Court of Appeal panel led by Justice Abang granted the injunction, ruling that the application was meritorious and that the court must act 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 ordered all parties to maintain “status quo ante bellum”, meaning that the situation should remain as it was before the Federal High Court’s decision on June 13, 2024 (suit no. FHC/KN/CS/182/2024).

Justice Abang emphasized that the applicant had met all legal conditions necessary for relief and that a valid appeal was already pending before the Supreme Court. The panel also noted that Aminu Babba Dan had served as Emir for five years before his removal, reinforcing the need to protect his legal rights until the Supreme Court resolves the case.

“In my view, the balance of convenience lies in his favor. It is necessary to protect him pending the determination of the Supreme Court,” Justice Abang ruled.

Status Quo Maintained Until Supreme Court Decision

With this ruling, the appellate court has restrained the respondents from enforcing its January 10 judgment, which nullified the Kano State Government’s dissolution of the emirates. The court also ordered that the status quo be maintained until the Supreme Court delivers its final verdict.

Additionally, the applicant was directed to file an undertaking within 14 days to indemnify the respondents for any potential damages if the injunction was later deemed unnecessary.

The Court of Appeal’s January 10 judgment had previously overturned a Federal High Court ruling that nullified the Kano State Emirate Council (Repeal) Law 2024—a law that dissolved five newly created emirates and reinstated Sanusi Lamido Sanusi as Emir of Kano. The appellate court held that the lower court had no jurisdiction over chieftaincy matters, which fall within the exclusive purview of the State High Courts.

With the Supreme Court now set to weigh in, the battle for the Kano Emirate remains far from over.