The Court of Appeal in Abuja has temporarily halted the enforcement of its January 10 judgment, which had upheld the Kano State Government’s decision to repeal the 2019 Emirate Council Law. This ruling effectively puts the case surrounding the reinstatement of Sanusi Lamido Sanusi, the 16th Emir of Kano, on hold until the Supreme Court delivers its final judgment.
The decision by the Court of Appeal on Friday marked a significant development in the ongoing legal battle surrounding the status of Emir Sanusi, who was dethroned by the Kano State Government in 2020. The Court’s ruling suggests that the legal dispute regarding Sanusi’s reinstatement will now depend on the pronouncements of Nigeria’s highest court, the Supreme Court.
The controversy began in 2019 when the Kano State Government, led by Governor Abdullahi Ganduje, passed the Kano State Emirate Council Law, which led to the creation of new emirates in the state. The law dissolved the centuries-old structure that had placed the Emir of Kano at the top of a vast region. This move was viewed by many as a deliberate attempt to diminish the power and influence of Emir Sanusi, who had become a prominent critic of the state government.
In 2020, after a prolonged period of tension between Emir Sanusi and Governor Ganduje, the Kano State Government removed Sanusi from his position as Emir, citing various political and traditional reasons. Sanusi was subsequently exiled to Lagos, where he remained until the ongoing legal battles over his reinstatement began.
Sanusi’s supporters argued that his removal was politically motivated, while the Kano State Government insisted that the decision was in line with the state’s constitutional rights to manage its traditional institutions. Since then, various courts have been involved in the matter, with different rulings on whether Sanusi should be reinstated as Emir.
In June 2024, the Federal High Court in Kano ruled in favor of reinstating the Emir, declaring the Kano State Emirate Council (Repeal) Law 2024, which dissolved the newly created emirates and called for Sanusi’s reinstatement, as null and void. The Kano State Government, displeased with this ruling, immediately appealed the judgment.
In its judgment on January 10, 2025, the Court of Appeal in Abuja overturned the Federal High Court’s decision. The appellate court ruled that chieftaincy matters, such as the creation or dissolution of emirates, fall under the jurisdiction of state high courts, not federal courts. As a result, the Kano State Government’s actions were deemed lawful, and the creation of new emirates, along with the removal of Sanusi as Emir, was upheld.
However, the legal battle did not end there. The Kano State Government, still unsatisfied with the ruling, took the matter to the Supreme Court and also sought an injunction from the Court of Appeal to prevent the enforcement of its January 10 judgment until the matter could be fully resolved.
A three-member panel of justices, led by Justice Okon Abang, heard the appeal and granted the request for a temporary halt in the enforcement of the January 10 judgment. The panel also set aside the Federal High Court’s order from June 2024, which had nullified the Kano State Government’s actions regarding the Emirate Law.
The Court of Appeal’s ruling is important because it keeps the status quo intact until the Supreme Court makes a final determination on the case. This means that, for now, the Kano State Government is prohibited from enforcing the judgment that would have reinstated Emir Sanusi, and the dissolution of the new emirates will remain in place.
The legal challenges surrounding the Emirate Law and Sanusi’s reinstatement have become a highly charged political issue in Kano. The case has attracted significant public attention due to the central role that traditional leadership plays in Nigerian society, particularly in northern Nigeria, where emirates like Kano hold considerable cultural and political influence.
Sanusi’s removal from office in 2020 caused a major rift in Kano, and the current legal dispute is seen as a continuation of that power struggle. Supporters of Sanusi, including various civil society groups, have continued to call for his reinstatement, arguing that his ousting was politically motivated. On the other hand, the Kano State Government, led by Governor Ganduje, maintains that it acted within its legal rights to reform the traditional institutions in the state.
With the case now pending before the Supreme Court, the legal dispute is far from over. The Supreme Court’s decision will be final and binding, and it will likely have far-reaching implications for the future of traditional leadership in Kano and possibly other states in northern Nigeria.
The delay in the reinstatement of Sanusi means that his fate as Emir remains uncertain for the time being. However, his influence extends beyond the traditional role of Emir, as he has become a respected public figure and commentator on national issues, particularly in the areas of economics and governance.
It is also worth noting that the ongoing legal battle has significant political implications, particularly as it plays out against the backdrop of the 2023 general election and the ongoing governance challenges in the country. The role of traditional rulers in Nigerian politics remains a topic of debate, with some arguing that their influence can be a stabilizing force, while others believe that traditional institutions should be reformed to align with modern governance structures.
One of the key issues raised during the proceedings was the protection of fundamental rights. In his application to the Court of Appeal, Aminu Babba Dan (Sarkin Dawaki Babba), who filed the injunction against the enforcement of the judgment, argued that the enforcement of the appellate court’s ruling would violate his fundamental rights. He also contended that the Kano State Emirate Council (Repeal) Law 2024, which led to Sanusi’s reinstatement, was unlawfully enacted by the state legislature and signed into law by the governor.
Justice Abang, in his ruling, stated that it was necessary to preserve the subject matter of the case while the matter was before the Supreme Court. The court also restrained the Kano State Government and other respondents from enforcing the January 10 judgment until the apex court makes a final decision on the case.
