The Court of Appeal in Abuja has stopped the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano. A three-member panel led by Justice Okon Abang issued the ruling on Friday. It temporarily halted the January 10 judgment that overturned the nullification of Sanusi’s appointment.
Justice Gabriel Kolawole rules that the Kano State High Court lacked jurisdiction to nullify Sanusi II’s appointment. He ordered the case transferred to the Kano State High Court for proper adjudication.
However, the Appeal court, ruling on applications CA/KN/27M/2025 and CA/KN/28M/2025, agreed that stopping the enforcement of the judgment was necessary. This is because the case is before the Supreme Court.
Court Cites Need to Preserve Subject Matter
Justice Abang emphasized that the subject matter required protection, noting that Sanusi II had served as emir for five years before his removal. He stated that the law required the court to exercise discretion in the interest of justice.
On January 10, Justice Kolawole ruled that the Federal High Court had wrongly handled the case. Since chieftaincy matters such as that of the EMir of Kano should be heard by the state high court. The Federal High Court Kano, presided over by Justice Abubakar Liman, had previously nullified the Kano Emirates Council (Repeal) Law 2024. That case reinstated Sanusi II.
Justice Liman also ordered all parties, including the Kano State House of Assembly, to maintain the status quo under the reign of Emir Ado Bayero.
Appellate Court Orders Case Transfer
The appellate court ruled that the case involved a chieftaincy and legislative dispute, not a fundamental rights issue. It cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act to support its decision.
The court ordered the case transferred to the Kano State High Court, directing that a new judge, uninvolved in prior hearings, be assigned. It also awarded N500,000 in costs against Aminu Baba-Dan’Agundi in favor of the Kano State House of Assembly.
However, Justices Mohammed Mustapha and Abdul Dogo argued that the Federal High Court case should have been struck out instead of transferred. Based on their opinion, the matter was struck out entirely.
The ruling affects five related appeals. This includes cases involving the Kano State Government, Kano State House of Assembly, and Emir Ado Bayero. All these cases stemmed from the same dispute at the Federal High Court.
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