Kano State Commissioner for Justice and Attorney General, Haruna Isa Dederi, has cleared the air, saying that the ruling of the Court of Appeal, Abuja division, on the state’s Emirship tangle has not invalidated the reinstatement of Muhammadu Sanusi II as 16th Emir.
Dederi states that “having passed a landmark verdict on January 10th, 2025, that reaffirmed the power of Kano state government to reappoint Sanusi, the Court of Appeal can’t 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’s ruling of the Appellate Court on the application for stay of execution filed by Aminu Baba DanAgundi, one of the Kingmakers loyal to the 15th Emir of Kano, Aminu Ado Bayero, pending determination of the appeal at the apex court.
According to Dederi, the matter is “functua officio”, adding that only the Supreme Court has the power to set aside the decision of the Appeal court handed by Mohammad Mustapha on January 10th, 2025.
“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. They have filed an 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 its 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 filed pending the outcome of the appeal which has been filled at the supreme Court by Aminu Baba DanAgundi on behalf of Bayero,” Dederi noted.
It would be recalled that On January 10th, 2025, a three panel 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 earlier decision of the Justice of the Federal High Court to hear the matter relating to the emirate council, which the Federal High Court lacked the jurisdiction to do, a decision that upheld the sack of Bayero as 15th emir.
Dissatisfied with the verdict of Justice Mohammad Mustapha’s led panel, DanAgundi had since proceeded to the Supreme Court to seek the upturn of the lower Court’s verdict.
DanAgundi equally filed a motion for a stay of execution of 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 and 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.
