The supreme court has declared Muhammadu Iliyasu Bashar as
the rightful Emir of Gwandu in Kebbi state, ending a 20-year legal battle over
the traditional stool.
In a split judgment of three to two, the apex court ruled
that Mustapha Jokolo, who was dethroned in 2005, failed to follow due process
before challenging his removal in court.
THE CASE
Jokolo was the 19th Emir of Gwandu before he was deposed by
the Kebbi state government. Bashar was subsequently installed as the 20th emir
in June 2005.
Dissatisfied with the development, Jokolo approached the
Kebbi state high court.
In 2014, the court ruled in his favour and ordered his
reinstatement. The Kebbi state government and Bashar appealed the decision.
In 2016, the court of appeal sitting in Sokoto upheld the
lower court’s ruling. The appellants then took the matter to the supreme court.
THE JUDGMENT
Delivering the lead judgment, Emmanuel Agim, the judge, held
that Jokolo’s case was filed prematurely because he did not submit a formal
complaint to the Kebbi state governor before heading to court, as required
under section 4 of the Kebbi State Chiefs (Appointment and Deposition) Law.
The judge held that the failure of Jokolo to write a formal
complaint to the Kebbi governor strips the lower court of the jurisdiction to
entertain the case.
“This suit was filed prematurely, without first complying
with the requirement to present a complaint to the governor,” the judge ruled.
“Consequently, the trial court lacked jurisdiction, and its
judgement is null.”
The ruling effectively nullifies the earlier decisions that
ordered Jokolo’s reinstatement, reaffirming Bashar as the legitimate Emir of
Gwandu.
‘BUHARI CONGRATULATES
BASHAR’
Former President Muhammadu Buhari has congratulated Bashar
over the judgment via a phone call from London, United Kingdom.
“You (the Emir) have always worked for the betterment of
your people and the nation, even under those circumstances,” Buhari said,
according to a statement by Garba Shehu, the former presidential spokesperson.
“I hope you will continue to promote peace, happiness, and
prosperity of the people in Gwandu Emirate and beyond.
“I thank Allah for this victory and pray for your long life
and good health.”
Bashar and Buhari share a long-standing relationship dating
back to their days in the military.
While Buhari served as military head of state, Bashar was
military governor of the old Gongola state, now Adamawa and Taraba.
Jokolo also had close ties with Buhari, having served as his
aide-de-camp during the military era.
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