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The Abuja Court of Appeals has suspended its 10 January 2025 judgment that restores Muhammadu Sanusi II to Kano’s Emir.
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The suspension comes ahead of the Supreme Court ruling filed by the state government of Kano.
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The Court of Appeal held that the lower court lacked jurisdiction over the affairs of the chief.
The Abuja Court of Appeals has suspended its 10 January 2025 judgment that restores Muhammadu Sanusi II to Kano’s Emir.
According to the Court of Appeal, it approved the ruling of the Kano State Government to repeal the 2019 Emirates Commission law on January 10, and was suspended until the Supreme Court’s decision to appeal.
A three-member panel chaired by Justice Okon Abang presided over the declaration in a unanimous decision, while in two sets of lawsuits marked CA/KN/27M/2025, filed by Kano State House of Assembly.
The January 10 judgment has overturned an earlier ruling by the High Court of Kano, which voided the ruling that led to the 2024 ruling by the Emirates Commission of Kano State (repealed).
The law reversed the creation of five new emirates and restored Sanusi to Kano. In shelving the decision of the Federal High Court, the Court of Appeal ruled that the lower court lacked jurisdiction over the affairs of chieftains, and these matters belonged to the exclusive territory of the State High Court.
“The law has been settled. The court is prohibited from exercising its discretion wisely and in the interest of justice,” said Judge Abang.
He believes that the mandatory injunction is “a order to maintain the status quo of Bellum and the sheriffs of this court and the Trial Court, just as the post submitted by the Trial Court signed on the Litigation No. FHC/KN/CS/182/2024.”
Justice Abang emphasized the applicant’s ability to process and met all the necessary legal conditions required to obtain while granting the injunction.
“The priorities in the participation of consistent stakeholders in the region, which contributed peace in the Niger Delta, are tremendous advances….” Instead, the court noted that the Supreme Court had an effective appeal waiting, which intensified the need to safeguard the subject of the litigation.
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Furthermore, the Court of Appeal recognized the applicant’s legal right of protection, as he served as Emir for five years before his removal. “I think the balance of convenience lies in his interests. He should be protected before the Supreme Court’s decision.” Abang ruled.
The court further restricted respondents from enforcing the January 10 judgment that invalidated the Kano State government’s decision to dissolve the UAE. It also approved an order to maintain the status quo until the Supreme Court made a final decision.
