By Barr. Badamasi Suleiman Gandu
Let’s begin with the meaning of the phrase “parties to maintain status quo as of 13th June 2024.” Literally, this order means that all parties shall cease their actions as of that date. Therefore, 13th June 2024 is pivotal. Before this date, the Kano State Government passed a law, which constitutes a completed action. The court cannot restrain a completed act since the law was assented to on 23rd May 2024. This law removed the dethroned Alh. Aminu Ado Bayero and reinstated His Royal Highness SLS II. In the case of Sulu-Gambari & Ors v. Bukola (2003) LPELR-5686 (CA), 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 Nkanu Onnoghen, JCA, pp. 18-21, paras E-C).
The Court of Appeal’s order dated 14th March 2025 did not halt the reinstatement of His Royal Highness SLS II because it did not invalidate the law that removed the dethroned Emir Alh. Aminu Ado and established SLS II as the legal, valid, and current 16th Emir of the Kano Emirate. The restraining order is intended to take effect as of 13th June 2024, while the law was enacted on 23rd May 2024.
Furthermore, the Court of Appeal’s order is subject to appeal to Supreme Court of Nigeria. It appears that the Court of Appeal erred in law by failing to judiciously consider the likelihood of success for Alh. Aminu Babba Dan Agundi in the Supreme Court. Established law indicates that the Federal High Court lacks jurisdiction over chieftaincy matters. For the court to issue a restraining order, it must be demonstrated that the applicant has a strong likelihood of prevailing in the Supreme Court. In this instance, despite the clarity of the legal position, the Court of Appeal acted at its discretion. We believe the Supreme Court will rectify this.
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Additionally, the Court of Appeal cannot issue an order to stay a DECLARATORY order. The reliefs sought by Alh. Aminu Babba Dan Agundi were DECLARATORY in nature and intended solely to declare his rights. As 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” (see Tukur v. Government of Gongola State (1989) 4 NWLR 592; Akibu v. Oduntan (1991) 2 NWLR 1), Per Walter Samuel Nkanu Onnoghen, JSC, pp. 15-15, paras D-F).” I strongly believed that the Court of Appeal’s order will likely be overturned, as it contradicts established legal principles.
It is important to acknowledge that the Court of Appeal has already issued a judgment in favor of His Royal Highness SLS II, and it did not set aside its own judgment. The judgment remains valid and in force.
Ultimately, neither court has invalidated the law in question. Despite the ongoing legal battles, the law remains valid, in effect, and intact. His Royal Highness SLS II remain the 16th Emir of the Kano Emirate.
Badamasi Suleiman Gandu Esquire, Private Legal Pratitioner
