From Godwin Tsa, Abuja
The Court of Appeal sitting in Abuja stopped the reinstatement of the former Governor of Central Bank CBN, Sanusi Lamido as the Emir of Kano.
The suspension by the appellate court is to await the judgment of the Supreme Court in the pending appeals over the Kano Emirate tussle.
After resuming office, Governor Abba Kabir Yusuf, on May 23, 2024, dethroned the 15th Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammadu Sanusi II as the Emir of Kano.
This was after the Kano State House of Assembly on May 23, 2024, dissolved all four newly created emirate councils in the state.
Sanusi’s reinstatement followed the passage of the Kano State Emirate Council (Repeal) Law 2024 by the State House of Assembly amid a legal dispute instituted by the legal team of Alhaji Aminu Babba-Dan’agundi (who holds the title of Sarkin Dawaki Babba), one of the kingmakers.
Babba-Dan’agundi sued the Kano State House of Assembly, the Speaker of the Kano State House of Assembly, the Attorney General of Kano State, and security agencies, including the Department of State Services (DSS).
The law promoted by the state government had repealed the 2019 Emirate Council Law, which established five emirates from the original Kano Emirate under former Governor Abdullahi Ganduje.
The Federal High Court in Kano, presided by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which reinstated Muhammadu Sanusi II as the 16th Emir.
In the fundamental rights enforcement suit by Aminu Baba-Dan’Agundi, the presiding judge further directed parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.
However, the appellate court in its ruling, cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act to hold that the matter was a chieftaincy and state legislative dispute and not a fundamental rights matter, and such ought to have been taken before the Kano State High Court or the FCT High Court.
“The proper order to make is to order the 1st respondent (Baba-Dan’Agundi) to transfer the pending suit before the Federal High Court to the high court of Kano State where the chief judge shall assign it to a judge who has not been previously involved in the hearing of the suit,” he said.
The judge awarded the cost of N500,000 against Dan’Agundi and in favour of the Kano State House of Assembly.
However, following the opinions of the presiding justice, Justice Mohammed Mustapha and Justice Abdul Dogo that the right order was to strike out Dan’Agundi’s suit filed at the Federal High Court and not to transfer same, the matter was struck out.
The five appeals such as CA/KN/126/2024 between the state assembly and Dan’Agundi; CA/ABJ/140/2023 state assembly and Baba Dan’Agundi; CA/ABJ/142/2024 Kano State Government and Dan’Agundi; CA/KN/200/2024 Alhaji Aminu Ado Bayero and Attorney General of Kano State; and CA/KN/161/2020 Kano Government and Dan’Agundi emanated from the same issue before the Federal High Court.
However dissatisfied with the judgment of the Appeal Court, Baba Dan’ Agundi lodged an appeal to the Supreme Court seeking to set aside the judgment of the Court of Appeal.
But while that appeal is still pending before the Supreme Court, the appellants approached the Court of Appeal with applications to stay the execution of it’s earlier judgment pending the final decision of the Supreme Court.
Ruling on the fresh applications with numbers CA/KN/27M/2025 and CA/KN/28M/2025, the Court of Appeal granted the stay of execution on the grounds that the applications were competent and meritorious.
Justice Okong Abang agreed with the Kano State Assembly that an application for an injunction pending appeal at the Supreme Court can only be granted where the applicant has disclosed “special circumstances” warranting such an order.
He said the Appeal Court was satisfied that the applicant (Babba-Dan’agundi) has a valid and arguable appeal before the Supreme Court against its decision overruling the lower court.
He added that the applicant has a legal right that deserves protection pending the outcome of his appeal at the Supreme Court.
The judge ruled that it is in the overall interest of justice to grant the application.
Accordingly, he granted the following orders”
“An injunction is hereby granted restraining the respondents (Kano State House of Assembly, Kano State Government, etc.), either by themselves, their agents, privies, servants, or personal representatives, from enforcing the judgment of this Court in Appeal No. CA/KN/126/2024 – KANO STATE HOUSE OF ASSEMBLY & ANOR VS ALHAJI AMINU BABBA-DAN’AGUNDI & OTHERS delivered on 10/1/2025, pending the hearing and determination of the applicant’s appeal filed on 24/1/2025 before the Supreme Court of Nigeria.”
He also ordered that parties “maintain the status quo ante bellum” (the condition that existed before the legal conflict arose), as well as the Sheriff of this Court and the trial Court, as was the position before the trial court’s judgment delivered on 13/6/2024 in Suit No. FHC/KN/CS/182/2024 – ALHAJI AMINU BABBA-DAN’AGUNDI V KANO STATE HOUSE OF ASSEMBLY & 7 OTHERS, pending the hearing and determination of the applicant’s appeal against the judgment of this Court in Appeal No. CA/KN/126/2024.
The Appeal Court further held that the applicant must within 48 hours file an undertaking to indemnify the respondents in damages in the event that the order ought not to have been made.