The Supreme Court on Wednesday nullified the decision of the Kebbi State High Court that reinstated Al-Mustapha Jokolo as the 19th Emir of Gwandu, ruling that the case was filed without first exhausting the mandatory domestic resolution mechanisms prescribed by law.
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In a split decision of three to two, the apex court held that the deposed Emir, Jokolo, failed to follow due legal process in instituting the suit.
Delivering the lead judgment, Justice Emmanuel Agim stated that while aggrieved persons may seek judicial intervention, they must first comply with Section 5(4) of the Kebbi State Chiefs (Appointment and Deposition) Law, which requires a formal complaint to be submitted to the governor before litigation can proceed.
Jokolo was deposed in 2005 under controversial circumstances and subsequently approached the Kebbi State High Court seeking reinstatement.
The trial court ruled in his favour in 2014, a decision upheld by the Court of Appeal, Sokoto Division, in 2016. Both courts ordered his reinstatement.
However, the Kebbi State Government and the current Emir, Alhaji Muhammadu Ilyasu-Bashar, challenged these rulings at the Supreme Court.
Originally scheduled for June 6, the Supreme Court brought forward the judgment to 4 June due to the Eid-el-Kabir holidays.
The Supreme Court held that Jokolo did not serve a pre-action notice on the Governor of Kebbi State, a mandatory step before initiating the suit.
Agreeing with the appellants, the Court ruled that failure to seek resolution through administrative channels rendered the suit incompetent.
This procedural lapse deprived the lower courts of jurisdiction, leading to the setting aside of the entire proceedings and judgments of both the trial court and the Court of Appeal.
Justice Agim remarked, “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.
“Section 4(3) of the law applies to both appointment and deposition matters. The governor must first be notified.”
He further stated that the High Court judge “deprived the court of jurisdiction” by proceeding without adherence to this requirement.
The Supreme Court set aside the rulings of both lower courts and made no order as to costs.
In a dissenting minority judgment, Justice Ibrahim Salami dismissed the cross-appeals and affirmed the decisions of the lower courts, arguing that the executive governor must act in accordance with the law and due process.
The Supreme Court consolidated four appeals and two cross-appeals into a single judgment, with all parties agreeing that the outcome of the principal appeal would bind the others.
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