Supreme Court ends 19-year battle over Gwandu Emirate throne, nullifies Jokolo’s reinstatement

The Supreme Court of Nigeria has officially drawn the curtain on a nearly 20-year legal tussle over the Gwandu Emirate throne, ruling against the reinstatement of Al-Mustapha Haruna Jokolo as the 19th Emir of Gwandu.

In a split decision of three to two, the apex court nullified Jokolo’s return to the throne, citing procedural lapses in how he pursued the legal case. The landmark judgment, delivered on Wednesday by Justice Emmanuel Agim, held that Jokolo failed to follow the due legal process before initiating the lawsuit.

According to the court, the Kebbi State High Court lacked the jurisdiction to entertain the case, as Jokolo had not exhausted the internal conflict resolution procedures laid out in the Kebbi State Chiefs (Appointment and Deposition) Law before heading to court.

Justice Agim emphasized that traditional institutions must respect the legal frameworks governing chieftaincy matters, particularly the dispute resolution steps provided by law.

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.

However, in a dissenting judgment, Justice Ibrahim Mohammed Salami disagreed with the majority, dismissing the cross-appeals and affirming the lower court rulings.

He argued that the governor must act in accordance with due process and the law.

The Supreme Court consolidated four appeals and two cross-appeals into a single proceeding, with all parties agreeing that the outcome of the principal appeal would bind the rest.

Originally scheduled for June 6, the judgment was delivered earlier on June 4 to accommodate the upcoming Eid-el-Kabir holidays.

The ruling closes the final legal chapter in the long-running tussle for the Gwandu Emirate throne, which had lingered for 19 years since Jokolo’s removal in 2005.