The Court of Appeal in Abuja has halted the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano
A three-member panel led by Justice Okon Abang on Friday unanimously suspended the enforcement of the January 10 judgment, which had vacated the nullification of Sanusi II’s appointment by a Kano State High Court. The panel ruled that the lower court had acted without jurisdiction.
Delivering the ruling, Justice Abang emphasized that the matter must be preserved, as Sanusi II had served as emir for five years before his removal. He stated that the appellate court’s decision was necessary pending the final determination of the case at the Supreme Court.
On January 10, Justice Gabriel Kolawole had ruled that the nullification of Sanusi II’s appointment was done without jurisdiction and directed that the case be transferred to the Kano State High Court. However, fresh applications—CA/KN/27M/2025 and CA/KN/28M/2025—seeking to halt the implementation of that ruling were found to be competent and meritorious by the appellate court.
The Court of Appeal cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act, stating that the case was a chieftaincy and state legislative dispute rather than a fundamental rights matter. As a result, it ruled that the Federal High Court in Kano lacked jurisdiction over the issue.
The appellate court further ordered the transfer of the pending suit to the Kano State High Court and awarded N500,000 in costs against Aminu Baba-Dan’Agundi, the original plaintiff. However, differing opinions from Justices Mohammed Mustapha and Abdul Dogo led to the striking out of Dan’Agundi’s suit instead of transferring it.
The ruling has effectively put Sanusi II’s reinstatement on hold, pending further legal proceedings.
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