- Endorses Ilyasu-Bashir as Emir to end 19-year-old legal tussle
BY OUR CORRESPONDENT – The Supreme Court on Wednesday finally laid to rest the protracted dispute over the Gwandu Emirate throne after almost two decades of legal tussle.
With its split decision, the apex court has effectively invalidated the reinstatement of Al-Mustapha Haruna Jokolo and finally laid to rest his claims as the 19th Emir of Gwandu.
Delivering the lead judgment, Justice Emmanuel Agim ruled that the Kebbi State High Court lacked the jurisdiction to hear the original suit filed by Jokolo, as he failed to exhaust internal dispute resolution mechanisms stipulated under the Kebbi State Chiefs (Appointment and Deposition) Law.
Citing Section 5(4) of the law, the court emphasized that any aggrieved party must first submit a formal complaint to the State governor before seeking judicial intervention.
“This suit was instituted prematurely. The requirement to first notify the Governor was ignored. Therefore, the trial court acted without jurisdiction, and its decision is a nullity,” Justice Agim said.
Jokolo was deposed in 2005 under controversial circumstances but won a favourable verdict from the Kebbi State High Court in 2014, which ordered his reinstatement. That ruling was upheld by the Court of Appeal in Sokoto in 2016.
However, the Kebbi State Government and the incumbent Emir, Alhaji Muhammadu Ilyasu-Bashar, appealed to the Supreme Court, arguing that Jokolo failed to comply with legal procedures before approaching the courts.
Agreeing with the appellants, the apex court ruled that both the High Court and the Court of Appeal erred by proceeding without ensuring compliance with administrative prerequisites outlined by law.
Consequently, the Supreme Court set aside the lower courts’ decisions and dismissed Jokolo’s reinstatement case. However, no cost was awarded to the appellants.
But in a dissenting verdict, Justice Ibrahim Mohammed Salami maintained that the lower courts’ decisions were valid, and it behooves on the governor to still act in line with due process and the law.
Ahead of the historic judgment, the Supreme Court had merged four appeals and two cross-appeals into a single hearing, with the principal judgment determining the outcome of all cases.
Though initially slated for Friday, June 6, 2025, the judgment was delivered on Wednesday, June 4, due to the Eid-el-Kabir festivities and holiday.
