Jokolo loses 19-year Gwandu Emirate dispute at Supreme Court

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Jokolo loses 19-year Gwandu Emirate dispute at Supreme Court

The Supreme Court has ruled that the former Emir of Gwandu, Alh. Al-Mustapha Haruna Jokolo, cannot be reinstated to the throne as earlier ruled by the Federal High Court and Appeal Court, bringing to an end the legal tussle that started in 2005.

Delivering the judgement that nullified the lower courts decision on Wednesday, Justice Emmanuel Agim, said Jokolo failed to exhaust the internal dispute resolution mechanisms of the Kebbi State Chiefs Appointment and Deposition Law, making the courts’ decision a nullity as they lack jurisdiction to entertain the suit.

Further, the court held that under Section 5(4) of the law, any aggrieved person must first submit a formal complaint to the Governor of Kebbi State before seeking judicial intervention.

“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 declared.

Jokolo, who was deposed in 2005 under controversial circumstances, had secured a favorable judgment from the Kebbi State High Court in 2014, which ordered his reinstatement. That decision was upheld by the Court of Appeal in Sokoto in 2016.

However, the Kebbi State Government and the current Emir, Alhaji Muhammadu Ilyasu-Bashar, challenged the rulings at the Supreme Court, arguing procedural non-compliance.

The Supreme Court upheld their appeals, ruling that both the High Court and the Court of Appeal erred in law by proceeding with the matter without prior recourse to administrative channels as mandated by law.

“The failure to first notify the governor stripped the court of jurisdiction to hear the case,” Justice Agim added.

As a result, the apex court set aside the judgments of both lower courts, effectively quashing Jokolo’s bid for reinstatement. No order was made as to costs.