Photo: Muhammad Sanusi II
Mohamed Garba
The Kano State Attorney General, Barrister Haruna Isa Dederi, has clarified that the recent Appeal Court ruling does not invalidate Muhammadu Sanusi II’s reinstatement as the 16th Emir of Kano. According to Dederi, the Appeal Court’s decision on January 10, 2025, reaffirmed the state government’s power to reappoint Sanusi, and it’s impossible for the court to overturn its own ruling.
The Appeal Court’s latest decision maintains the status quo until the Supreme Court’s final judgment. Dederi emphasized that only the Supreme Court has the authority to set aside the Appeal Court’s decision. The case is now considered “functus officio,” meaning it’s been passed on to a higher court.
Barrister Dederi said, “having passed a landmark verdict on January 10th, 2025 that reaffirmed the power of Kano state government to reappoint Sanusi, it is impossible for the Court of Appeal to set aside or quash it’s own decision on the same matter.
The Attorney General made the position known to journalists while reacting to Friday ruling of the Appellate Court on the application for stay of execution filed by Alh. Aminu Baba DanAgundi, one of the Kingmakers loyal to the 15th Emir of Kano, Alh. Aminu Ado Bayero, pending determination of the appeal at the apex court.
The Appeal Court today, after hearing their application for stay of execution ruled that status quo should rather be maintained as it is now, until after the judgment of the supreme Court. The have filed appeal at the Supreme Court.
It doesn’t mean that the Judgment delivered on January 10th, 2025 has been quashed. That judgment is still standing and still in place and subsisting. Court of Appeal cannot reverse it own decision. It is not possible. It is only a supreme Court that has the power to set aside the judgment given by a lower Court.
So, the court of appeal Abuja today has just said that execution of the judgment has been field pending the outcome of the appeal which has been filled at the supreme Court by Aminu Baba Dan Agundi on behalf of Bayero”. Dederi noted.
It would be recalled that On January 10th, 2025, a three panel of Court of Appeal, Abuja division, led by Justice Mohammad Mustapha set aside the judgment of Justice A. Liman of the Federal High Court, Kano, which nullified the steps/actions taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The Appellate Court also dismissed the then Justice of the Federal high court decision to hear the matter relating to emirate council which the Federal high Court lack the jurisdiction to so do, a decision that upheld the sack of Bayero as 15th emir.
Dissatisfied with the verdict of Justice Mohammad Mustapha’s led panel, Dan Agundi had since proceeded to the Supreme Court to seek the upturn of the lower Court’s verdict. DanAgundi equally filed a motion for stay of execution of Justice Mustapha’s Judgment pending the hearing and determination of the Supreme Court judgment on the matter.
The application was also moved on the ground that the applicant initially instituted the suit in Kano to protect his fundamental rights, argued that the trial court lacked jurisdiction to hear and determine the suit. In a unanimous ruling, the three-member panel of Justices led by Abang on Friday held that the application was meritorious and deserving of the court’s discretion in the interest of justice.
The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.
He held that the mandatory injunction is “ordered that shall maintain the status quo ante bellum as well as the sheriff of this court and trial court as was the position before the trial court in its delivered on 13/6/2024 in the suit no. FHC/KN/CS/182/2024.
Justice Abang, in granting the injunction, emphasised that the applicant’s process was competent and had met all the necessary legal conditions required to obtain the relief sought.
He noted that a valid appeal was already pending before the Supreme Court, reinforcing the need to preserve the subject matter of the litigation.
The dispute originated from a lawsuit filed by Alh. Aminu Baba DanAgundi, a kingmaker loyal to the 15th Emir, Alh. Aminu Ado Bayero. DanAgundi sought to overturn the Appeal Court’s verdict, which upheld Sanusi’s appointment as emir. The Supreme Court will now hear the appeal