The Court of Appeal in Abuja has put a hold on the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano.
A three-member panel led by Justice Okon Abang on Friday, March 14, suspended the enforcement of the January 10 judgment, which had overturned an earlier ruling nullifying Sanusi’s appointment. The decision comes pending the determination of an appeal before the Supreme Court.
Justice Abang explained that the matter needed to be preserved, noting that Sanusi had served as emir for five years before his removal. “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” he stated.
The January 10 ruling, delivered by Justice Gabriel Kolawole, had declared that the nullification of Sanusi’s appointment by the Kano State High Court was made without jurisdiction. It also ordered that the case be transferred to the Kano State High Court for proper determination.
However, fresh applications CA/KN/27M/2025 and CA/KN/28M/2025 prompted the appellate court to intervene, agreeing that suspending the enforcement of the judgment was necessary.
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Sanusi’s legal battle began when Justice Abubakar Liman of the Federal High Court in Kano nullified the Kano Emirates Council (Repeal) Law 2024 on June 20, which had reinstated him as the 16th Emir. The court also ordered all parties to maintain the status quo under Emir Ado Bayero’s reign.
The appellate court, however, ruled that the case should have been handled by a state or FCT High Court, as it was a chieftaincy and legislative matter, not a fundamental rights case.
“The proper order to make is to order the first 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,” the court stated.
While the court initially awarded ₦500,000 in costs against Dan’Agundi in favour of the Kano State House of Assembly, the matter was later struck out following the opinions of presiding Justice Mohammed Mustapha and Justice Abdul Dogo, who argued that the right course of action was to dismiss the suit rather than transfer it.
The ruling affects five related appeals, including cases between the Kano State Government, the House of Assembly, Emir Aminu Ado Bayero, and Dan’Agundi, all linked to the dispute over the emirship.