The Court of Appeal sitting in Abuja has suspended the enforcement of its January 10 judgment, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law.
The ruling is to allow for the final determination of pending appeal on the same issue which is currently before the Supreme Court.
Three-man panel of the appellate court led by Justice Okon Abang delivered the ruling on Friday.
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The court granted a stay of execution, effectively maintaining the status quo in the ongoing legal tussle over the Kano Emirate dispute
Recall that the appeal court had earlier set aside a June 20, 2024, ruling by Justice Abubakar Liman of the Federal High Court in Kano, which nullified the Kano State government’s dissolution of five emirates in the state and the subsequent reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The Court of Appeal further held that the lower court lacked jurisdiction to hear the matter.
Dissatisfied with the ruling, an injunction request was filed by Alhaji Aminu Babba Dan Agundi (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.
Dan Agundi sought to restrain the respondents from enforcing the appellate court’s judgment while awaiting the apex court’s decision.
However, in its unanimous decision, the Court of Appeal agreed that the application had merit and granted the injunction.
Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
The ruling ordered that all parties must maintain the “status quo ante bellum,” preserving the situation as it was before the Federal High Court’s judgment on June 13, 2024.
Justice Abang emphasized that the applicant, having served as Emir for five years before his removal, had legal rights that required protection until the Supreme Court delivers a final verdict