The attorney of Al-Mustapha Jokolo, the deposed Emir of Gwandu, has stated that their client accepts the decision of the Supreme Court that reversed lower courts’ reinstatement rulings.
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The Supreme Court determined that the Kebbi State High Court did not have the authority to consider the matter, in a ruling that was split 3–2. The court had previously confirmed Jokolo as Emir.
According to the court’s ruling, Jokolo should have gone through the proper channels by filing a formal complaint with the governor before bringing the matter to court.
The ruling also confirmed that Alhaji Muhammadu Iliyasu Bashar, the current Emir, is the legitimate head of state of the Gwandu Emirate.
The 20-year-long feud between Iliyasu-Bashar and Jokolo for control of the Gwandu Emirate has been ended with this verdict.
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A cousin of Jokolo’s, Bashar, had, via Yakubu Maikyau, SAN, fought against Jokolo and the Kebbi State Government in an effort to overturn the reinstatement orders.
As a result of Jokolo’s good faith acceptance of the ruling, his lawyer Sylvester Imhanobe stated that they will not seek judicial review in response to the verdict.
Although their case was based on Section 6, which does not require a pre-action complaint as it pertains to deposition and not the selection of a new Emir, Imhanobe was surprised to see that the majority decision heavily relied on Section 4 of the Chiefs (Appointment and Deposition) Law of Kebbi State. Section 6 depositions, not Section 4, were at issue in our case. “We never once invoked Section 4,” he clarified.
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Jokolo has pleaded with his followers to keep their cool and accept the verdict as God’s will. His assistant relayed the message that Jokolo, who is presently praying, did not think it was appropriate to issue a public remark at this time.
The main judgement was delivered by Justice Emmanuel Agim, who stressed that Jokolo was required by law to formally complain to the governor before requesting judicial intervention.
He decided that the lawsuit was filed too soon and that the lower court’s decisions were void because the court lacked the authority to hear them. While the Supreme Court panel reversed the lower courts’ decisions, they did not issue a cost order.
Justice Ibrahim Mohammed Salawa dissented from the majority opinion, upholding the lower courts’ rulings and rejecting cross-appeals, arguing that the governor ought to adhere to legal requirements and be subject to due process.
Another dissenting justice, Uwani Abba-Aji, emphasised that the supreme court must provide the people with substantial justice.