Appeal Court halts enforcement of Kano Emirate judgment pending S’Court decision
The Court of Appeal in Abuja has halted the enforcement of its judgment that voided the jurisdiction of the Federal High Court over chieftaincy matters, pending a final decision by the Supreme Court. The ruling effectively suspends all actions taken under the Kano State Emirate Council (Repeal) Law 2024, including the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
A three-member panel of justices, led by Justice Okon Abang, issued the ruling on Friday in response to two suits, CA/KN/27M/2025 and CA/KN/28M/2025, filed by Aminu Babba Dan’Agundi. The appeal was brought against the Kano State Government, the Speaker of the House of Assembly, the Inspector General of Police, and other security agencies.
Dan’Agundi sought an injunction to prevent the enforcement of the appellate court’s judgment while the Supreme Court was still reviewing the case. His application argued that the Federal High Court lacked jurisdiction over the matter and that the newly enacted Emirate Council Law legally dissolved the additional emirates while reinstating Sanusi II.
In its unanimous ruling, the appellate court held that the application was justified and that maintaining the status quo was necessary in the interest of justice. Justice Abang emphasized that since a valid appeal was already before the Supreme Court, it was essential to preserve the subject matter of the litigation until a final verdict was reached.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” Justice Abang stated while delivering the ruling. The court further directed the respondents to refrain from enforcing the January 10 judgment, which had nullified the Kano State Government’s dissolution of the newly created emirates.
In addition, the court ruled that the applicant must file an undertaking within 14 days to indemnify the respondents in case the order was found to have been wrongly granted. This ensures that any potential damages resulting from the ruling will be addressed appropriately.
The appellate court’s January 10 judgment had previously overturned an earlier decision by the Federal High Court in Kano, which had nullified the Kano State Emirate Council (Repeal) Law 2024. The appellate court ruled that the lower court lacked jurisdiction over chieftaincy matters, which are under the exclusive authority of state high courts.
With the latest ruling, all legal proceedings regarding the Kano emirate tussle will now depend on the Supreme Court’s final judgment. Until then, both parties are required to maintain the status quo, preventing further actions related to the disputed emirate structure.
