Supreme Court Ends 19-Year Gwandu Emirate Dispute, Rules Against Jokolo, Upholds Ilyasu-Bashir as Emir
After nearly two decades of legal wrangling, the Supreme Court on Wednesday finally laid to rest the protracted dispute over the Gwandu Emirate throne, invalidating the reinstatement of Al-Mustapha Haruna Jokolo as the 19th Emir.
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 stated.
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Jokolo had been 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.
The apex court agreed with the appellants, ruling that both the High Court and the Court of Appeal erred by proceeding without ensuring compliance with administrative prerequisites outlined by law. As such, the Supreme Court set aside the lower courts’ decisions and dismissed Jokolo’s reinstatement case. No cost was awarded.
In a dissenting opinion, however, Justice Ibrahim Mohammed Salami maintained that the lower court decisions were valid, stressing that the governor must still act in line with due process and the law.
The Supreme Court had previously merged four appeals and two cross-appeals into a single hearing, with the principal judgment determining the outcome of all cases. Although judgment was initially slated for Friday, June 6, it was delivered on Wednesday, June 4, ahead of the Eid-el-Kabir festivities.
By PRNigeria