Gwandu Emirate: Tussle Between Two Cousins Ends As Jokolo Accepts Supreme Court Judgment

By Adesina Soyooye

With the acceptance by deposed Emir of Gwandu, retired Major Al-Mustapha Jokolo, the Supreme Court judgment which finally put an end to his struggle to regain the throne, the fight for the revered throne between two Cousins has come to an end.

The tussle for the throne has been on for 20 years between Jokolo who was deposed by the Kebbi State Government, allegedly, according to some people,  for being too outspoken, defiant and anti-Government, and his cousin, retired Major General Muhammadu Iliyasu Bashir who was appointed in his place as the Emir of Gwandu Emirate.

But in a split judgment of three against two, the Supreme Court overturned the rulings of the lower Courts – Kebbi State High Court and the Court of Appeal – both of which ruled in favour of Jokolo, and affirmed Iliyasu-Bashar the Emir of Gwandu.

To put a final seal on the 20-year old legal tussle for the throne, Counsel to the deposed Jokolo, disclosed that he and his Client accept the Supreme Court judgement and will not apply for a review.

In the split decision the Supreme Court ruled that the Kebbi State High Court, which affirmed Jokolo as Emir and thus his reinstatement, had no jurisdiction to hear the case.

It held that Jokolo did not comply with the requirement to first, submit a formal complaint to the Governor before approaching the Court.

Bashar, who is a cousin to the deposed Jokolo,  contested the rulings in favour of Jokolo’s reinstatement through his Counsel, Yakubu Maikyau, SAN, against both Jokolo and the Kebbi State Government.

Jokolo’s lawyer, Sylvester Imhanobe, in his reaction to the Supreme Court ruling, disclosed they would not seek a judicial review. He noted that Jokolo has already accepted the decision in good faith.

Imhanobe, however, said he was surprised that the majority decision relied heavily on “Section 4 of the Chiefs (Appointment and Deposition) Law of Kebbi State, while their case was based on Section 6, which does not require a pre-action complaint as it relates to deposition, not the selection of a new Emir.

“Our case concerned deposition under Section 6, not Section 4. We did not invoke Section 4 at any point,” he posited.

The Honourable Justice Emmanuel Agim who delivered the lead judgment,  insisted that “Jokolo ought to have first submitted a formal complaint to the Governor as stipulated by law before seeking court intervention.” According to him, the suit was premature and thus renders the judgment of the lower Courts null and void for lack of jurisdiction.

But in a dissenting ruling, Justice Ibrahim Mohammed Salawa disagreed with the majority. He affirmed the lower courts’ decisions and dismissed the cross-appeals. He, also stated that “the governor should act according to the law and due process.”

In her own dissenting judgment, Justice Uwani Abba-Aji emphasised the need for “the Supreme court to deliver substantial justice to the people.”