Muhammadu Sanusi II
Muhammadu Sanusi II

The Court of Appeal in Abuja has temporarily suspended the enforcement of its previous judgment, which had overturned a ruling by the Federal High Court regarding the Kano State Government’s reinstatement of Sanusi Lamido Sanusi as the Emir of Kano. The decision was made by a three-man panel led by Justice Okong Abang and will remain in effect until the Supreme Court delivers its final verdict on the Kano Emirate dispute.

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Sanusi’s reinstatement was based on the Kano State Emirate Council (Repeal) Law 2024, passed by the State House of Assembly. However, this decision has been contested by Alhaji Aminu Babba-Dan’agundi, a kingmaker, who initiated legal proceedings against the Kano State House of Assembly, its Speaker, the Attorney General of Kano State, and various security agencies.

The legal battle began when the Federal High Court in Kano nullified all actions taken to reinstate Sanusi, ruling that they were invalid under the newly passed law. Justice Abdullahi Muhammad-Liman of the High Court declared that while the law itself remained valid, any steps taken based on it were legally void. In response, the Kano State House of Assembly and other affected parties challenged this decision at the Court of Appeal.

In January 2025, the Appeal Court set aside the ruling of the lower court and determined that it lacked jurisdiction to entertain the matter. It also ordered a retrial of the case. Dissatisfied with this outcome, Babba-Dan’agundi appealed to the Supreme Court and simultaneously sought an injunction from the Appeal Court to prevent the enforcement of its ruling until the Supreme Court delivers a final decision.

In his ruling, Justice Okong Abang acknowledged that an injunction pending an appeal could only be granted under special circumstances. He affirmed that Babba-Dan’agundi had presented a valid and arguable case before the Supreme Court and that his legal rights required protection while awaiting the final judgment. The court, therefore, issued an injunction restraining the Kano State Government, the House of Assembly, and other respondents from enforcing the judgment that overturned the Federal High Court’s ruling.

Additionally, the Appeal Court instructed all parties to maintain the status quo as it existed before the legal conflict began in June 2024. It also mandated that the applicant file an undertaking within 48 hours to indemnify the respondents in the event that the injunction was found to have been granted in error.

The Kano Emirate Council remains a key institution with deep historical and socio-political significance. The controversy over Sanusi’s reinstatement is rooted in the state’s decision to repeal a 2019 law that had divided the original Kano Emirate into five separate emirates under former Governor Abdullahi Ganduje. On May 23, 2024, Governor Abba Kabir Yusuf dissolved these newly created emirates and reinstated Sanusi, while simultaneously dethroning Aminu Ado-Bayero, the 15th Emir of Kano.

With the Supreme Court yet to deliver its final verdict, the fate of the Kano Emirate remains uncertain, leaving the legal and political battle ongoing.