Supreme Court Nullifies Jokolo’s Reinstatement As Emir Of Gwandu

The Supreme Court on Wednesday set aside the decision of the Kebbi State High Court which reinstated Al-Mustapha Jokolo as the 19th Emir of Gwandu, ruling that the case was instituted without first complying with the legally required internal dispute resolution process.

In a split judgment of 3-2, the apex court held that Jokolo’s failure to serve a pre-action notice to the governor, as mandated under the Kebbi State Chiefs (Appointment and Deposition) Law, rendered the suit incompetent.

Delivering the lead judgment, Justice Emmanuel Agim stressed that while individuals have a right to seek redress in court, the law mandates that aggrieved persons must first submit a formal complaint to the governor before resorting to litigation.

“This suit was filed prematurely without first presenting a complaint to the governor as stipulated by law,” Agim declared. “The trial court lacked jurisdiction to entertain the matter, and its decision is therefore null and void.”

Lower Court Judgments Overturned
Jokolo was deposed in 2005 under controversial circumstances.

He later approached the Kebbi State High Court to challenge his removal, and in 2014, the court ruled in his favour. The Court of Appeal in Sokoto upheld the decision in 2016, ordering his reinstatement.

However, the Kebbi State Government and the current Emir, Alhaji Muhammadu Ilyasu-Bashar, appealed to the Supreme Court.

Agreeing with the appellants, the Supreme Court held that Jokolo’s failure to exhaust the administrative remedy required under Section 5(4) of the law invalidated the entire legal process.

Justice Agim further stated that, “Section 4(3) of the law applies to both appointment and deposition matters. The governor must first be notified. By ignoring this, the trial court deprived itself of jurisdiction.”

With the procedural lapse established, the Supreme Court ruled that the judgments of both the Kebbi State High Court and the Court of Appeal were nullified. No order was made as to costs.

The court also confirmed that four appeals and two cross-appeals had been consolidated into a single judgment, with all parties agreeing that the outcome of the main appeal would determine the others.

However, in a dissenting judgment, Justice Ibrahim Salami disagreed with the majority ruling. He held that the decisions of the lower courts were valid and should be upheld, stressing that the governor must also act in accordance with due process.

He dismissed the cross-appeals, asserting that the reinstatement order was in line with the law.

The judgment, originally scheduled for June 6, was delivered two days earlier on June 4, due to the upcoming Eid-el-Kabir celebrations.