The Supreme Court of Nigeria has declared Muhammadu Iliyasu Bashar as the rightful Emir of Gwandu in Kebbi State, bringing to an end a two-decade-long legal tussle over the traditional stool.
In a split decision of three to two, the apex court ruled that Mustapha Jokolo, who was deposed as the 19th Emir of Gwandu in 2005, failed to exhaust due process before initiating legal proceedings to challenge his removal.
Jokolo, a retired military officer, was dethroned by the Kebbi State government in 2005. Bashar was subsequently appointed as the 20th Emir of Gwandu in June of the same year. Dissatisfied with the decision, Jokolo approached the Kebbi State High Court, seeking reinstatement.
In 2014, the High Court ruled in his favour and ordered his reinstatement. However, the state government and Bashar appealed the judgement. In 2016, the Court of Appeal in Sokoto upheld the lower court’s ruling, prompting the appellants to escalate the matter to the Supreme Court.
Delivering the lead judgement, Justice Emmanuel Agim held that Jokolo’s suit was premature as he failed to comply with the provisions of Section 4 of the Kebbi State Chiefs (Appointment and Deposition) Law, which mandates that a formal complaint must first be submitted to the state governor before litigation.
“This suit was filed prematurely, without first complying with the requirement to present a complaint to the governor,” Agim said.
“Consequently, the trial court lacked jurisdiction, and its judgement is null.”
The ruling effectively nullifies the decisions of the lower courts and reaffirms Bashar as the legitimate Emir of Gwandu.
Former President Muhammadu Buhari has congratulated Emir Bashar on the Supreme Court’s decision during 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 his former spokesperson, Garba Shehu.
“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 longstanding relationship that dates back to their time in the military. While Buhari served as military Head of State, Bashar was the military governor of the former Gongola State, now Adamawa and Taraba.
Boluwatife Enome
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