The Kano State Commissioner for Justice and Attorney General, Haruna Isa Dederi, has declared that the recent ruling of the Court of Appeal, Abuja Division, has not nullified the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
Dederi, speaking to journalists on Friday, emphasized that the appellate court cannot overturn its own earlier decision, insisting that only the Supreme Court has the power to set aside the ruling that affirmed the Kano State Government’s authority to reinstate Sanusi.
Naijaonpoint reports that the Attorney General’s response follows the Court of Appeal’s decision on an application for a stay of execution filed by Aminu Baba DanAgundi, a kingmaker loyal to Aminu Ado Bayero, the deposed 15th Emir of Kano.
Clarifying the implications of Friday’s ruling, Dederi stressed that the verdict of the Court of Appeal on January 10, 2025, remains valid despite the stay of execution order pending the Supreme Court’s judgment.
“The Court of Appeal, after hearing their application for a stay of execution, ruled that the status quo should be maintained until the Supreme Court delivers its judgment. But this does not mean that the judgment delivered on January 10, 2025, has been quashed. That judgment still stands and remains binding,” he said.
He reiterated that the Court of Appeal does not have the power to overturn its own ruling, stating, “Only the Supreme Court has the power to set aside the judgment of a lower court. The ruling today only means that execution of the judgment is on hold until the Supreme Court decides.”
Background Of The Emirship Tussle
On January 10, 2025, a three-member panel of the Court of Appeal, led by Justice Mohammad Mustapha, set aside the ruling of Justice A. Liman of the Federal High Court, Kano, which had previously nullified the Kano State Government’s actions regarding the Kano Emirate Council (Repeal) Law 2024.
That ruling effectively upheld the removal of Aminu Ado Bayero and affirmed the reinstatement of Muhammadu Sanusi II.
Dissatisfied with the judgment, Aminu Baba DanAgundi proceeded to the Supreme Court, seeking to overturn the appellate court’s ruling.
In the meantime, he also filed a motion for a stay of execution, requesting that all actions based on the Court of Appeal’s verdict be put on hold until the Supreme Court delivers its final decision.
On Friday, a three-member panel of Justices led by Justice Abang ruled in favour of DanAgundi’s application, granting the stay of execution 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 stated.
He further ruled that the status quo ante bellum (the situation as it was before the legal dispute) should be maintained pending the final verdict of the Supreme Court.
The ruling emphasized that a valid appeal is already pending before the Supreme Court, reinforcing the need to preserve the subject matter of the litigation.