The Supreme Court has nullified the reinstatement of Al-Mustapha Jokolo as the 19th Emir of Gwandu, ending a two-decade-long legal battle. In a split decision of three to two, the apex court ruled on Wednesday that the Kebbi State High Court lacked jurisdiction to entertain Jokolo’s suit, as he failed to exhaust the required administrative procedures before approaching the courts.
The court held that the former Emir did not comply with Section 5(4) of the Kebbi State Chiefs (Appointment and Deposition) Law, which mandates that any aggrieved person must first submit a formal complaint to the Governor of Kebbi State before initiating legal action.
Delivering the lead judgment, Justice Emmanuel Agim stated:
“This suit was filed prematurely without first presenting a complaint to the governor as stipulated by law. The trial court lacked jurisdiction to entertain the matter, and its decision is therefore null and void.”
He further explained:
“Section 4(3) of the law applies to both appointment and deposition matters. The governor must first be notified.”
Justice Agim emphasized that the failure to comply with this statutory requirement invalidated all proceedings and decisions of the lower courts.
“The High Court judge deprived the court of jurisdiction by proceeding without adherence to this requirement.”
Jokolo, who was deposed in 2005 under controversial circumstances, had sought redress in the Kebbi State High Court, which ruled in his favour in 2014. That decision was upheld by the Court of Appeal in Sokoto in 2016, both courts ordering his reinstatement.
However, the Kebbi State Government and the incumbent Emir, Alhaji Muhammadu Ilyasu-Bashar, appealed to the Supreme Court, challenging the jurisdiction and procedural validity of the lower court rulings.
The Supreme Court agreed with the appellants, declaring the trial court’s and appellate court’s judgments null and void due to the lack of a pre-action notice to the Governor.
Originally scheduled for June 6, the Supreme Court advanced the delivery of its judgment to June 4 due to the upcoming Eid-el-Kabir holidays.
In a minority dissenting opinion, Justice Ibrahim Salami dismissed the cross-appeals and affirmed the decisions of the lower courts. He argued that the executive governor must act within the framework of due process and the law.
The apex court consolidated four appeals and two cross-appeals into a single judgment, with all parties agreeing that the outcome of the principal appeal would be binding on the rest.
Notably, the court made no order as to costs, bringing a legal chapter of nearly twenty years to a conclusive end.
