Renowned human rights lawyer and former Chairman of Nigeria’s National Human Rights Commission, Prof. Chidi Odinkalu, has raised concerns over a recent ruling by the Court of Appeal, which he described as an “extraordinary set of orders.”

Taking to X (formerly Twitter), Odinkalu (@ChidiOdinkalu) criticized the decision of the appellate panel that issued what he termed a mandatory injunction—not a stay of execution—restraining the implementation of an earlier Court of Appeal judgment.

He further noted that the presiding judge of the panel only joined the Court of Appeal in the last quarter of 2023.

The panel, consisting of Justices Okon Efret Abang, Eberechi Suzanne Nyesom-Wike, and Oyejoju Oyebiola Oyewumi, was tasked with reviewing an application related to Appeal No. CA/KN/27/M/2025. The case involves multiple parties, including the Kano State House of Assembly, the Attorney General of Kano State, and various security agencies.

According to court records, the application, filed on February 6, 2025, sought an injunction preventing the enforcement of the Court of Appeal’s previous ruling in Kano State House of Assembly & Anor. vs. Alhaji Aminu Babba Dan Agundi & Ors.

The earlier judgment, delivered by Justices Mohammad Mustapha, Gabriel Omoniyi Kolawole, and another appellate judge, was now being effectively restrained by a subsequent order from the same court.

The Court of Appeal in Abuja yesterday issued a ruling that restrained the enforcement of its previous judgment, which upheld the Kano State Government’s repeal of the 2019 Emirate Council Law. This decision was made pending the determination of a related appeal at the Supreme Court.

  • The Court of Appeal in Kano, sitting in Abuja, set aside a June 20 order by Justice Abubakar Liman of the Federal High Court, Kano, which nullified the Kano State Government’s actions under the 2024 Emirate Council (Repeal) Law, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
  • The Kano State Government, dissatisfied with the judgment, filed an appeal to the Supreme Court and sought an injunction from the Court of Appeal to stay the enforcement of its judgment until the appeal is resolved.
  • The application was filed by Aminu Babba Dan, who sought an order to restrain the enforcement of the appellate court’s judgment while the case is pending at the Supreme Court. The Court of Appeal, in a unanimous ruling led by Justice Okon Abang, granted the injunction, maintaining the status quo until the Supreme Court makes a final decision.
  • The Court of Appeal’s January 10 ruling had previously overturned a decision by the Federal High Court, which had nullified the Kano State Emirate Council (Repeal) Law 2024, reinstating Sanusi Lamido Sanusi as the Emir of Kano.

The case involves legal complexities surrounding jurisdiction, chieftaincy matters, and the dissolution of new emirates in Kano State.

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