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Sanusi Lamido Remains Emir, Kano Govt Insists, Says Appeal Court Can’t Contradict Itself
Kano State Commissioner for Justice and Attorney General, Haruna Isa Dederi, has insisted that the ruling of the Court of Appeal, Abuja Division, on the lingering emirship tussle has not invalidated the reinstatement of Muhammadu Sanusi II as the 16th Emir.
Besides, Dederi declared that having passed a landmark verdict on January 10, 2025, reaffirming the power of the Kano State Government to reappoint Sanusi, it is impossible for the Court of Appeal to set aside or quash its own decision on the same matter.
The Attorney General made this position known to journalists while reacting to Friday’s ruling of the Appellate Court on the application for a stay of execution filed by Alh. Aminu Baba DanAgundi, one of the kingmakers loyal to the 15th Emir of Kano, Alh. Aminu Ado Bayero, pending the determination of the appeal at the Supreme Court.
According to Dederi, the matter is functus officio, adding that only the Supreme Court has the power to set aside the decision of the Appeal Court handed down by Justice Mohammad Mustapha on January 10, 2025.
“The Appeal Court today, after hearing their application for a stay of execution, ruled that the 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 10, 2025, has been quashed. That judgment is still standing, still in place, and subsisting. The Court of Appeal cannot reverse its own decision. It is not possible. Only the Supreme Court 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 stayed pending the outcome of the appeal, which has been filed at the Supreme Court by Aminu Baba DanAgundi on behalf of Bayero,” Dederi noted.
It would be recalled that on January 10, 2025, a three-member panel of the Court of Appeal, Abuja Division, led by Justice Mustapha, set aside the judgment of Justice A. Liman of the Federal High Court, Kano, which nullified the steps and 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 decision of the Federal High Court judge to hear the matter relating to the emirate council, ruling that the Federal High Court lacked the jurisdiction to do so. This decision upheld the removal of Bayero as the 15th Emir.
Dissatisfied with the verdict of Justice Mustapha’s panel, DanAgundi proceeded to the Supreme Court to seek the overturning of the lower court’s verdict. He also filed a motion for a stay of execution of Justice Mustapha’s judgment pending the hearing and determination of the Supreme Court’s ruling on the matter.
The application was also moved on the grounds 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 Justice 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,” Justice Abang said
Justice Abang held that the mandatory injunction ordered that the status quo ante bellum be maintained by the sheriff of this court and the trial court as it was before the trial court’s decision on 13/6/2024 in Suit No. FHC/KN/CS/182/2024.
In granting the injunction, Justice Abang 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.
The Presidency has dismissed claims that Vice President Kashim Shettima’s recent comments were directed at the political situation in Rivers State or President Bola Ahmed Tinubu’s constitutional decisions on the matter.
In a statement on Friday by the Senior Special Assistant to the President on Media and Communications (Office of the Vice President), Stanley Nkwocha, the Presidency described the reports as a “gross misrepresentation.”
The statement clarified that Vice President Shettima’s remarks at the public presentation of a book by former Attorney General of the Federation, Mohammed Bello Adoke (SAN), were misconstrued by some online platforms and individuals.
“These reports have distorted the Vice President’s comments in pursuit of a mischievous agenda,” it stated.
“They twisted his account of how the administration of former President Jonathan considered removing him as Borno Governor during the insurgency to falsely link it with current events in Rivers State.”
The Vice President, who spoke at the launch of OPL 245: The Inside Story of the $1.3 Billion Oil Block in Abuja on Thursday, was said to have referenced the past solely to commend Adoke’s professionalism while in office, and to reflect on Nigeria’s constitutional evolution regarding federal and state relations.
“For the avoidance of doubt, President Tinubu did not remove Governor Fubara from office. The constitutional measure implemented was a suspension, not an outright removal.
“This action was taken in response to the grave political crisis in Rivers State at the time, with the governor facing a looming impeachment and the State Assembly complex under demolition,” Nkwocha clarified.
The Presidency insisted that the action taken by President Tinubu in declaring a state of emergency and suspending the Governor was fully in line with Section 305 of the 1999 Constitution (as amended), which authorises such measures when there is a breakdown of public order requiring extraordinary intervention.
According to the statement, the President’s proclamation invoking Section 305(2) was subsequently ratified by an overwhelming bipartisan majority in the National Assembly, confirming the legitimacy and constitutional propriety of the decision.
“The action of President Tinubu in suspending Mr. Fubara and others from exercising the functions of office averted the governor’s outright removal. To conflate suspension with removal is misleading,” the statement further noted.
Nkwocha also stressed that Vice President Shettima’s comments were delivered extemporaneously and intended to underline the importance of public accountability and historical documentation.
He referenced the Vice President’s mention of past public servants, including Adoke and former Speaker Aminu Waziri Tambuwal, to illustrate principled leadership.
“His remarks were not in any way a criticism of President Tinubu’s actions, which the Vice President and the entire administration fully support and stand by without reservation,” the spokesman stated.
The Vice President, the statement added, remains in “loyal concert” with President Tinubu and is committed to implementing all constitutional measures necessary to safeguard democracy and uphold order across the country.
Concluding, the Presidency called on media organisations and political actors to desist from misrepresenting public remarks for sensational or partisan purposes.
“We urge media organisations and political actors to desist from the destructive practice of wrenching statements from context in order to fabricate nonexistent conflicts,” Nkwocha said.
Headlines
Akpabio Relieves Natasha of Committee Chairmanship Position, Appoints Akwa Ibom Senator As Replacement
Senate President, Godswill Akpabio, has replaced suspended Senator Natasha Akpoti-Uduaghan, as the Chairman, Senate Committee on Diaspora/Non-Governmental Organisations.
In her place, Akpabio named Senator Bassey Aniekun Etim (Akwa Ibom -East).
The Senate President, who made the announcement on the floor in Abuja on Thursday, did not give any reasons.
The committee position had remained vacant since March when the Senate suspended the Kogi-Central Senatorial District lawmaker for six months for flouting the Senate’s rule on the seating arrangement and seat allocation.
The suspended lawmaker, at a point, chaired the Senate Committee on Local Content before Akpabio reassigned her to the Committee on Diaspora/NGO, shortly before she ran into trouble with the Senate over her conduct on seat allocation.
The Supreme Court has affirmed the 2024 governorship election victory of Governor Monday Okpebholo of the All Progressives Congress (APC), dismissing the appeal filed by the Peoples Democratic Party (PDP) candidate, Asuerinme Ighodalo.
In a unanimous decision by a five-member panel led by Justice Mohammed Garba, the apex court ruled that the appeal lacked merit. It upheld the earlier judgments of the Court of Appeal and the Edo State Governorship Election Petition Tribunal, which had both declared Okpebholo the validly elected governor.
