Court of Appeal in Abuja has suspended the enforcement of its judgment, which had overturned a Federal High Court ruling nullifying Kano State Government’s actions regarding the reinstatement of Muhammadu Sanusi II, as Emir of Kano.
A three-man panel of the Appeal Court, led by Justice Okong Abang issued the ruling on Friday.
The suspension is pending a final verdict on Kano Emirate tussle by Supreme Court of Nigeria, given Kano State Emirate Council (Repeal) Law 2024.
Sanusi’s reinstatement followed the passage of Kano State Emirate Council (Repeal) Law 2024 by State House of Assembly.
Recall that a Federal High Court sitting in Kano had in June 2024, nullified the steps taken to reappoint Muhammadu Sanusi II as the 16th Emir of Kano, following an application by Babba-Dan’agundi, one of the kingmakers.
Justice Okong Abang in the ruling on Friday, said an application for an injunction pending appeal at Supreme Court can only be granted where the applicant has disclosed “special circumstances”warranting such an order.
He said the Appeal Court was satisfied that Babba-Dan’agundi had a valid and arguable appeal before the Supreme Court against its decision overruling the lower court.
The judge said the applicant has a legal right that deserves protection pending the outcome of his appeal at the Supreme Court, adding that it is in the overall interest of justice to grant the application.
He ruled, “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 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 hearing and determination of the applicant’s appeal filed on 24/1/2025 before the Supreme Court of Nigeria.”
Justice Abang ordered that the parties “maintain the status quo ante bellum” (the condition that existed before the legal conflict arose), as well as the Sheriff of this Court and the trial Court, as was the position before the trial court’s judgment delivered on 13/6/2024 in Suit No. FHC/KN/CS/182/2024 – ALHAJI AMINU BABBA-DAN’AGUNDI V KANO STATE HOUSE OF ASSEMBLY & 7 OTHERS, pending the hearing and determination of the applicant’s appeal against the judgment of this Court in Appeal No. CA/KN/126/2024.”
The applicant was also ordered to file an undertaking within 48 hours, to indemnify the respondents in damages if the order ought not to have been made.
