The Supreme Court of Nigeria on Wednesday ended the 19-year legal battle over the Gwandu Emirate throne, nullifying the reinstatement of Al-Mustapha Haruna Jokolo as the 19th Emir of Gwandu.
The lead judgment was delivered by Justice Emmanuel Agim.
He ruled that the Kebbi State High Court lacked jurisdiction to hear Jokolo’s suit, having been filed in violation of the procedures outlined in the Kebbi State Chiefs (Appointment and Deposition) Law.
The apex court held that under Section 5(4) of the law, any deposed traditional ruler is required to first file a formal complaint with the Governor of Kebbi State before approaching the court for redress.
“This suit was filed prematurely, without first complying with the requirement to present a complaint to the governor. Consequently, the trial court lacked jurisdiction, and its judgment is a nullity,” Justice Agim stated.
Jokolo was removed in 2005 under controversial circumstances by the Kebbi State Government.
In 2014, the Kebbi State High Court ordered his reinstatement, a decision upheld by the Court of Appeal in Sokoto in 2016.
However, the Kebbi State Government and the current Emir of Gwandu, Alhaji Muhammadu Ilyasu-Bashar, challenged the decisions at the Supreme Court on grounds of procedural irregularity.
The apex court agreed, ruling that the lower courts erred in law by assuming jurisdiction in a matter that should have first been subjected to administrative processes.
Accordingly, the Supreme Court allowed the appeals, set aside the judgments of both the High Court and the Court of Appeal, and dismissed Jokolo’s claim. No order was made as to costs.
In a dissenting opinion, however, Justice Ibrahim Mohammed Salami disagreed with the majority judgment. He argued that the governor was bound to act within the confines of the law and due process, and that Jokolo’s removal lacked legal basis.