The Kano State Government has reaffirmed that Muhammadu Sanusi II remains the 16th Emir of Kano, insisting that the recent ruling by the Court of Appeal in Abuja does not invalidate his reinstatement.
Kano State Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, made the clarification while addressing journalists in response to the court’s ruling on an application for a stay of execution filed by Alhaji Aminu Baba Dan Agundi, a kingmaker aligned with the 15th Emir, Alhaji Aminu Ado Bayero.
Dederi emphasized that the ruling by the Appeal Court merely directed that the status quo be maintained pending the outcome of an appeal filed at the Supreme Court, and does not override or nullify the earlier judgment delivered by the same court on January 10, 2025.
“The judgment delivered on January 10, 2025, which reaffirmed the power of the state government to appoint Sanusi as Emir, is still valid and subsisting,” Dederi stated.
“The Court of Appeal cannot set aside its own judgment. Only the Supreme Court has the jurisdiction to do so.”
According to the Attorney General, the case has reached a legal point where only the apex court can alter the course of the ruling, describing it as functus officio — a legal term meaning a matter that has been conclusively decided.
It will be recalled that the Court of Appeal panel led by Justice Mohammad Mustapha had earlier set aside a Federal High Court judgment that voided the Kano State Emirate Council (Repeal) Law 2024 and the subsequent reinstatement of Sanusi II.
Following the setback, Dan Agundi filed an appeal at the Supreme Court and sought a stay of execution on the appellate court’s decision.
While the application for stay of execution was heard, the appellate court ruled that the status quo be preserved pending the Supreme Court’s decision.
However, Dederi maintained that the appellate court’s directive does not equate to a reversal of Sanusi’s reinstatement.