Legal Blow: Jokolo’s Return As Emir Of Gwandu Nullified By Supreme Court

The Supreme Court on Wednesday delivered a decisive blow to the reinstatement of Al-Mustapha Jokolo as the 19th Emir of Gwandu, ruling that his legal challenge failed to follow due process and was therefore invalid.

In a split judgment of three to two, the apex court set aside previous rulings by both the Kebbi State High Court and the Court of Appeal, which had earlier ordered Jokolo’s reinstatement after his controversial removal from the throne in 2005.

Delivering the lead judgment, Justice Emmanuel Agim held that Jokolo’s suit was incompetent, as it was filed without first complying with Section 5(4) of the Kebbi State Chiefs (Appointment and Deposition) Law, which mandates aggrieved parties to submit a formal complaint to the state governor before approaching the courts.

The court emphasized that failure to comply with this statutory requirement deprived the lower courts of jurisdiction to entertain the matter. “The entire proceedings and judgments are hereby set aside,” Justice Agim ruled.

Jokolo had filed his suit in 2005 following his deposition, arguing that his removal was unlawful. In 2014, the Kebbi State High Court ruled in his favor, and the Court of Appeal, Sokoto Division, affirmed that judgment in 2016, ordering his reinstatement.

However, the Kebbi State Government and the incumbent Emir, Alhaji Muhammadu Ilyasu-Bashar, challenged the rulings at the Supreme Court. The apex court, originally scheduled to deliver judgment on June 6, moved the date forward to June 4 in consideration of the upcoming Eid-el-Kabir holiday.

Agreeing with the appellants, the Supreme Court held that Jokolo did not serve a pre-action notice on the governor—a critical prerequisite before litigation under the Chiefs Law. This omission, the court ruled, invalidated the entire legal process.

The justices consolidated four appeals and two cross-appeals into a single judgment, stating that the decision on the principal appeal would apply to all related matters. The court made no order as to costs.

However, in a dissenting minority judgment, Justice Ibrahim Salami supported the decisions of the lower courts and dismissed the cross-appeals. He maintained that the executive arm, including the governor, must adhere strictly to due process, particularly in traditional leadership matters.

The ruling effectively brings an end to Jokolo’s two-decade-long legal battle to reclaim the Gwandu Emirship and reaffirms the authority of the current Emir, Alhaji Ilyasu-Bashar.