However, ruling on the fresh applications with numbers CA/KN/27M/2025 and CA/KN/28M/2025, the appellate court agreed that the applications seeking to halt the enforcement of the earlier judgement pending the appeal before the Supreme Court were competent and meritorious. The appellate court ruled that, being a chieftaincy dispute, the matter ought to have been determined by a state high court rather than the Federal High Court, which it described as “a grave error”. A Federal High Court in Kano, presided by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s Emirates Council (Repeal) Law 2024, which reinstated Muhammadu Sanusi II as the 16th Emir.

The initial ruling by the Federal High Court had viewed the suit by a stakeholder in the matter, Aminu Baba-Dan’Agundi, to be a fundamental rights enforcement matter and directed parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero. However, the appellate court in its ruling, cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act to hold that the matter was a chieftaincy and state legislative dispute and not a fundamental rights matter, and such ought to have been taken before the Kano State High Court or the FCT High Court.