The Court of Appeal yesterday put on hold the enforcement of its January 10 judgment setting aside the June 20, 2024 order by Justice Abubakar Liman of the Federal High Court, Kano, nullifying 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 order for stay of execution will remain in force until the determination of the pending appeals before the Supreme Court.
The appeals are in respect of two applications filed by an aggrieved kingmaker, Alhaji Aminu Babba Dan Agundi.
A three-member panel of the Court of Appeal, Kano, which sat in Abuja, had ruled on January 10 that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Justice Liman without jurisdiction.
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The appellate court found that the fundamental rights enforcement suit filed by Dan Agundi on which basis Justice Liman issued the June 20 order, was not only invalid, the Federal High Court lacked the jurisdiction to hear it.
Dan Agundi approached the Supreme Court and filed both applications for stay of execution pending the determination of his appeal before the apex court.
Justice Okon Abang, leading the three man panel of the Court of Appeal, declared yesterday that the applications for stay were 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,” Justice Abang said.
He noted that a valid appeal was already pending before the Supreme Court, which he said necessitated the need to preserve the subject matter of litigation.
Justice Abang added: “In my view, I hold that the balance of convenience lies in his favour. It is deserving to protect him pending the determination of the Supreme Court.”