JUST IN: Appeal Court Halts Sanusi’s Reinstatement as Emir of Kano

The Court of Appeal in Abuja has issued an order halting the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano. The decision was delivered on Friday by a three-member panel of justices led by Justice Okon Abang.

The ruling comes in response to fresh applications—marked CA/KN/27M/2025 and CA/KN/28M/2025—seeking a stay of execution on a January 10 judgment that had vacated the nullification of Sanusi’s appointment. The court found the applications meritorious, asserting that the matter should be preserved pending the outcome of the appeal at the Supreme Court. Justice Abang emphasized that the law requires the court to act judiciously and in the interest of justice, especially considering that Sanusi had served as emir for five years before his removal and is entitled to legal protection.

On January 10, Justice Gabriel Kolawole had ruled that the nullification of Sanusi’s appointment was carried out without jurisdiction. He ordered the transfer of the case from the Federal High Court to the High Court of Kano State, arguing that chieftaincy matters fall within the jurisdiction of state courts.

The case traces back to a June 20, 2024, ruling by Justice Abubakar Liman of the Federal High Court in Kano, which had nullified the Kano Emirates Council (Repeal) Law 2024. That law had formed the legal basis for Sanusi’s reinstatement as the 16th Emir of Kano. The ruling was delivered in a suit filed by Aminu Baba-Dan’Agundi, who also sought an order maintaining the status quo during the reign of Emir Ado Bayero.

However, the appellate court determined that the matter was wrongly filed as a fundamental rights case and should have been brought before a state or FCT high court, in line with Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act. The court subsequently ordered the suit to be transferred to the Kano State High Court and assigned to a judge with no prior involvement in the case. It also awarded a cost of N500,000 against Dan’Agundi in favour of the Kano State House of Assembly.

In a twist, however, two members of the appeal panel—Justices Mohammed Mustapha and Abdul Dogo—disagreed with the decision to transfer the case. They held that the suit ought to have been struck out entirely. Their position prevailed, and the matter was struck out.

This development is part of a series of appeals surrounding the controversial reinstatement, including cases filed by the Kano State Government, the State House of Assembly, Emir Ado Bayero, and the Attorney General of Kano State, all tied to the initial suit filed at the Federal High Court.