Let’s begin with the meaning of the phrase “parties to maintain status quo as of June 13, 2024.” Literally, this order means that all parties shall cease their actions as of June 13, 2024. Therefore, June 13, 2024, is pivotal. Before this date, the Kano State House of Assembly passed the Kano Emirates Council Law (Repeal Bill) 2024, which was assented to by His Excellency, the Executive Governor of Kano State, on May 23, 2024. This law dethroned the 15th Emir, Alh. Aminu Ado Bayero, and reinstated His Royal Highness Sanusi Lamido Sanusi II as the 16th Emir of the Kano Emirate.
Following the enactment of this law, Aminu Babba Dan Agundi filed a suit at the Federal High Court against the selection process of His Royal Highness Sanusi Lamido Sanusi and obtained a restraining order on June 13, 2024. Aggrieved by this order, the Kano State Government filed an appeal at the Court of Appeal. On January 10, 2025, the Court of Appeal delivered its decision, setting aside the Federal High Court’s decision for lacks of jurisdiction.
After losing the case at the Court of Appeal, Aminu Babba Dan Agundi filed an appeal with the Supreme Court and also applied to the Court of Appeal for a stay of its own judgment. On March 14, 2025, the Court issued an order for parties to maintain the status quo as of June 13, 2024.
The Court of Appeal’s order dated March 14, 2025 did not halt in anyway the reinstatement of His Royal Highness Sanusi Lamido Sanusi II because it did not invalidate the law that removed the dethroned 15th Emir of Kano and reinstatement of Sanusi Lamido Sanusi II as the 16th Emir of the Kano Emirate. Most importantly, the Court of Appeal’s order is intended to take effect as of June 13, 2024, while the law was enacted on May 23, 2024 and the date of enactment prevailed.
By our judicial system, the Court of Appeal’s order is subject to appeal to the Supreme Court of Nigeria. It appears that the Court of Appeal erred in law by failing to judiciously consider the following:
1. Likelihood of Success for Alh. Aminu Babba Dan Agundi at the Supreme Court: Established law indicates that the Federal High Court lacks jurisdiction over chieftaincy matters. For the court to issue a restraining order, the applicant (Alh. Aminu Babba Dan Agundi) must prove a strong likelihood of victory in the Supreme Court. Given the clear legal position regarding the jurisdiction over chieftaincy matters and the applicant’s failure to prove a strong likelihood of success, the Court of Appeal should not have granted the restraining order.
2. Declaratory Nature of the Reliefs Sought: Additionally, it is settled law that a court cannot stay a declaratory order. The reliefs sought by Alh. Aminu Babba Dan Agundi were declaratory in nature, aimed solely at establishing his fundamental rights to participate as one of the kingmakers in the selection of an Emir, of which he was not invited. The Supreme Court stated in Aboseldyhyde Laboratories PLC v. Union Merchant Bank Ltd & Anor (2013) LPELR-20180 (SC): “It is settled law that a declaratory judgment or order of a Court cannot be stayed by an interim order” (Per Walter Samuel NkanuOnnoghen, JSC, pp. 15-15, paras D-F).
3. Restraining Completed Act: Furthermore, the court cannot restrain a completed act. The law was assented to on May 23, 2024, prior to the restraining order delivered on June 13, 2024. In support of this, see the case of Sulu-Gambari & Ors v. Bukola (2003) LPELR-5686 (CA), where the court established that “it is the general principle of law that an injunction cannot be granted to restrain a completed act…” (Per Walter Samuel NkanuOnnoghen, JCA, pp. 18-21, paras E-C).
It is my candid believe that the Court of Appeal’s order will likely be overturned, as it contradicts established legal principles of law. It is important to acknowledge the fact that, the Court of Appeal has already issued a judgment in favor of His Royal Highness Sanusi Lamido Sanusi II, and it did not set aside its own judgment. Ultimately, neither court has invalidated the law in question. Therefore, despite the ongoing legal battles, the law remains valid and intact. His Royal Highness Sanusi Lamido Sanusi II remains the 16th Emir of the Kano Emirate.
It is equally important to note that Kano is facing external influences from some unpatriotic politicians. Unfortunately, they have been using government institutions for their self-centered interests. I am optimistic that the time will come when our courts, police, and other security agencies will resist the pressure from these unpatriotic politicians.
It is worth recalling that the Deputy Governor of Kano State, Comrade Aminu Abdussalam, alleged that the National Security Adviser (NSA) to President Bola Ahmad Tunubu was behind Kano Emirate Tussle. The allegation was responded to by the accuser and the maker was forced to retract his allegation. So many observers are of the views that the Deputy Governor has no choice than to retract his allegation against the NSA but that should not stop many observers from sticking to the said allegation. If he was not among the one behind this, he would have saved the situation. No one has the power to instruct Soldiers, DSS and the Police to follow and escort the dethroned monarch from Abuja to Kano and to have surrounded the Palace and continue providing special security guards.
The NSA acts on behalf of the President of the Federal Republic of Nigeria, he Co-ordinates management of all National Security matters as principal adviser on state security. NSA is the key Nigerian Principal Officer on Security and is the only one that has total control over all the security agencies. This may be among the reasons that triggered the allegation made by the Deputy Governor of Kano State for NSA’s intervention of the Emirate Tussle. For whatever reason, reason of peace is supreme and whatever reason that clashed with reason of peace, the reason of peace shall prevail. Predicated upon this point, I have to urge and call all the stakeholders to reconsider peace in Kano by doing the needful as the current position is not helpful.
• Gandu, a lawyer, wrote from Kano.
