The Appeal Court of justice Halts Sanusi’s Reinstatement Amidst Ongoing Emirate Dispute
The Court of Appeal in Abuja has issued a ruling to suspend the enforcement of its January 10 judgment, which endorsed the Kano State government’s repeal of the 2019 Emirates Council Law.
This suspension will remain in effect until the Supreme Court resolves a related appeal regarding the contentious matter.
Court Delivers Ruling with Panel Led by Justice Okon Abang
The ruling was issued on Friday by a three-member panel, chaired by Justice Okon Abang, highlighting the intricate legal battles surrounding the emirate’s authority and governance in Kano State.
Stay of Execution Maintains Status Quo in Legal Tensions
The appellate court granted a stay of execution, effectively preserving the current situation as legal disputes over the Kano Emirate continue.
This decision reflects the ongoing complexities of the traditional governance structure in the region, which has seen heightened tensions since the 2019 law was enacted.
Court Overturns Lower Court’s Ruling on Emirate Dissolutions
Previously, the appellate court had overturned a June 20, 2024 ruling by Justice Abubakar Liman of the Federal High Court in Kano.
That ruling had declared the dissolution of five emirates in the state by the Kano State government unconstitutional, along with the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
Jurisdiction Ruling Casts Doubt on Lower Court’s Authority
The Court of Appeal determined that the lower court lacked jurisdiction over the case, further complicating the legal landscape concerning the emirate’s status and governance in Kano.
Injunction Request Filed by Dan Agundi Against State Entities
Following the appellate court’s decision, Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba) filed an injunction against the Kano State Government, the Speaker of the State Assembly, and various security agencies, seeking to prevent the enforcement of the appellate court’s ruling while awaiting the Supreme Court’s decision.
Court Agrees on Merits of the Injunction Application
The Court of Appeal unanimously agreed that Dan Agundi’s application was warranted and issued the requested injunction.
This decision underscores the legal complexities and stakes involved in the tussle for leadership within the Kano Emirate.
Emphasizing Judicial Discretion, Justice Abang Weighs in on Legal Rights
Justice Abang asserted, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
Furthermore, the ruling mandated that all parties maintain the “status quo ante bellum,” which preserves the situation prior to the Federal High Court’s ruling on June 13, 2024.
Protection of Legal Rights for the Applicant
Justice Abang emphasized the importance of protecting the legal rights of Dan Agundi, who served as Emir for five years before his removal.
This aspect of the ruling highlights the delicate balance of traditional leadership and governance in the face of modern legal challenges, pending a final verdict from the Supreme Court.
