The Court of Appeal in Abuja, Nigeria has granted a stay of execution on its January 10 judgment, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law. This ruling effectively maintains the status quo in the ongoing legal battle over the Kano Emirate until the Supreme Court delivers its verdict.
A three-member panel led by Justice Okon Abang issued the ruling on Friday, agreeing to an injunction request filed in suits CA/KN/27M/2025 and CA/KN/28M/2025 by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba). The injunction restrains the enforcement of the appellate court’s earlier judgment, pending the Supreme Court’s final decision.
The appeal court had previously overturned a June 20, 2024, ruling by the Federal High Court in Kano, which nullified the Kano State government’s dissolution of five emirates and reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The appellate court ruled that the lower court lacked jurisdiction over chieftaincy matters, which fall under the exclusive authority of State High Courts.
Dan Agundi, in his suit, argued that enforcing the appellate court’s ruling before the Supreme Court’s decision could cause irreparable damage. The court, in its unanimous decision, found merit in his argument.
Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.” He emphasized that all parties must maintain the status quo ante bellum—the situation as it was before the Federal High Court’s ruling on June 13, 2024.
The ruling also mandates the applicant to file an undertaking within 14 days to indemnify the respondents for any potential damages should the injunction later be deemed unnecessary.
