The Supreme Court has officially put an end to the almost two-decade-long legal drama surrounding the Gwandu Emirate throne. Al-Mustapha Haruna Jokolo’s bid to reclaim his seat as the 19th Emir has been shut down. This ruling marks the end of a protracted battle that has gripped Kebbi State and the nation.
- Final Verdict: Supreme Court nullifies Jokolo’s reinstatement.
- Legal Grounds: Failure to exhaust internal dispute mechanisms.
- Dissenting Opinion: Justice Salami argued for due process.
- End of an Era: Closes the 19-year legal battle.
Supreme Court Delivers Final Blow
In a decisive move, Justice Emmanuel Agim delivered the Supreme Court’s judgment, stating that the Kebbi State High Court lacked the authority to hear Jokolo’s case. The core issue? Jokolo didn’t follow the proper channels for dispute resolution as outlined in the Kebbi State Chiefs (Appointment and Deposition) Law.
Why Jokolo’s Case Was Dismissed
According to Section 5(4) of the law, anyone with a grievance must first present their complaint to the Governor of Kebbi State before seeking court intervention. Justice Agim made it clear: “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.”
The Rollercoaster of Legal Battles
Jokolo, who was removed from his position in 2005 amidst controversy, initially won a favorable judgment from the Kebbi State High Court in 2014, which ordered his reinstatement. The Court of Appeal in Sokoto upheld this decision in 2016. However, the Kebbi State Government and the current Emir, Alhaji Muhammadu Ilyasu-Bashar, took the case to the Supreme Court, citing procedural non-compliance.
The Fallout from the Judgement
The Supreme Court sided with the government and the current Emir, stating that both lower courts erred by not ensuring administrative channels were exhausted before the case was brought before them. “The failure to first notify the governor stripped the court of jurisdiction to hear the case,” Justice Agim emphasized. The apex court then set aside the judgments of the High Court and the Court of Appeal, effectively ending Jokolo’s hopes of returning to the throne.
Dissenting Voice: Justice Salami’s Stand
Not everyone agreed with the majority decision. Justice Ibrahim Mohammed Salami dissented, arguing that the governor must adhere to due process and the law. He dismissed the cross-appeals and supported the lower court rulings. This divergence highlights the complexities and nuances within the legal arguments.
The Bigger Picture: What This Means for the Emirate
This ruling brings closure to a long and turbulent chapter in the history of the Gwandu Emirate. The legal tussle, spanning 19 years since Jokolo’s removal in 2005, has finally reached its conclusion. The Supreme Court consolidated four appeals and two cross-appeals into a single proceeding, ensuring that the outcome of the principal appeal would be binding on all parties involved. Originally slated for June 6, the judgment was expedited to accommodate the Eid-el-Kabir holidays, marking a significant moment for all stakeholders.
Emirates in Nigeria: A Quick Look
Nigeria’s emirates are deeply rooted in the nation’s history and culture, particularly in the northern regions. These traditional institutions play a significant role in local governance, cultural preservation, and community leadership. Emirates like Gwandu, Kano, Sokoto, and Katsina have long histories, often dating back centuries to the pre-colonial era. Emirs, as the heads of these emirates, are highly respected figures who wield considerable influence. While their formal political powers have diminished over time, their moral and cultural authority remains strong, bridging the gap between the government and the people. The selection and deposition of emirs, as seen in the Gwandu case, often involve intricate legal and political processes, reflecting the complex interplay between tradition and modernity in Nigeria’s governance structure.
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