Abuja, Nigeria – The Court of Appeal sitting in Abuja has issued a stay of execution on its January 10 judgment, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law. This decision effectively maintains the status quo pending the Supreme Court’s determination of an appeal on the matter.
A three-member panel led by Justice Okon Abang delivered the ruling on Friday, granting an injunction that pauses the enforcement of the appellate court’s earlier judgment.
The legal dispute stems from the Kano State government’s decision to dissolve five Emirates in the state and reinstate Muhammadu Sanusi II as the 16th Emir of Kano. The Court of Appeal had previously set aside a June 20, 2024, ruling by Justice Abubakar Liman of the Federal High Court in Kano, which nullified the dissolution and reinstatement. The appellate court ruled that the lower court lacked jurisdiction over the case.
However, Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba) challenged the ruling, filing an injunction request against the Kano State Government, the Speaker of the State Assembly, the Inspector General of Police, and other security agencies. His appeal sought to prevent the enforcement of the appellate court’s judgment while awaiting the Supreme Court’s final decision.
In its unanimous decision, the Court of Appeal ruled in favor of Dan Agundi, with Justice Abang stating, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
The ruling orders all parties to maintain the “status quo ante bellum,” effectively preserving the situation as it was before the Federal High Court’s judgment on June 13, 2024. Justice Abang emphasized that Dan Agundi, having served as Emir for five years before his removal, holds legal rights that require protection until the Supreme Court delivers its verdict.
This development prolongs the ongoing legal battle over the Kano Emirate, with the Supreme Court now set to provide the final ruling on the dispute.
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