The Court of Appeal in Abuja has suspended the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano.
A three-member panel led by Justice Okon Abang on Friday halted the enforcement of a January 10 judgment that overturned the nullification of Sanusi II’s appointment. The panel ruled that the initial decision by a Kano State High Court, which voided Sanusi’s reinstatement, was made without jurisdiction.
The appellate court ruled on fresh applications CA/KN/27M/2025 and CA/KN/28M/2025, agreeing that halting the implementation of the judgment was necessary pending an appeal before the Supreme Court. Justice Abang emphasized that the court must act “judiciously and in the interest of justice,” noting that Sanusi II had previously served as emir for five years before his removal and deserved legal protection.
Justice Gabriel Kolawole had initially ruled on January 10 that the matter should have been handled by the Kano State High Court rather than the Federal High Court. However, the Court of Appeal, citing Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act, held that the case was a chieftaincy and state legislative dispute, not a fundamental rights issue, and should be heard at the Kano State High Court or FCT High Court.
Following a split opinion among justices, the court ultimately struck out the fundamental rights enforcement suit filed by Aminu Baba-Dan’Agundi, which had challenged Sanusi’s reinstatement. The court also awarded a cost of N500,000 against Dan’Agundi in favor of the Kano State House of Assembly.
The ruling affects multiple appeals related to the case, including CA/KN/126/2024, CA/ABJ/140/2023, CA/ABJ/142/2024, CA/KN/200/2024, and CA/KN/161/2020.
