The Nigerian Supreme Court has nullified the reinstatement of Al-Mustapha Jokolo as the 19th Emir of Gwandu.
This was stated in a ruling delivered by the apex court on Wednesday, dismissing the ruling delivered by the Kebbi State High Court that reinstated Al-Mustapha Jokolo as the 19th Emir of Gwandu.
The Supreme Court held that the case was filed before the High Court without first exhausting the mandatory domestic resolution mechanisms prescribed by law.
In a unanimous judgement, the Supreme Court ruled that Jokolo failed to follow the proper legal process when initiating the lawsuit.
Delivering the lead judgment, Justice Emmanuel Agim stated that while individuals who feel aggrieved may seek judicial intervention, they must first comply with Section 5(4) of the Kebbi State Chiefs (Appointment and Deposition) Law.
This section requires that a formal complaint be submitted to the governor before any litigation can proceed.
Jokolo was deposed in 2005 under controversial circumstances and subsequently approached the Kebbi State High Court to seek 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.
But the Kebbi State Government and the current Emir, Alhaji Muhammadu Ilyasu-Bashar, appealed the decisions at the Supreme Court.
Though initially set for June 6, the Supreme Court delivered its judgment on June 4, ahead of the Eid-el-Kabir holidays.
The apex court found that Jokolo failed to issue a pre-action notice to the Kebbi State Governor — a compulsory requirement before filing the case.
Upholding the appellants’ argument, the Court ruled that bypassing administrative remedies rendered the case legally defective.
As a result, the Supreme Court declared that the lower courts lacked jurisdiction, nullifying the entire proceedings and judgments from both the trial court and the Court of Appeal.
Justice Agim ruled. “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 added that the High Court judge “stripped the court of jurisdiction” by proceeding without complying with this essential requirement.
The Supreme Court nullified the decisions of the lower courts and made no order on costs.
In a dissenting minority judgment, Justice Ibrahim Salami rejected the cross-appeals and upheld the rulings of the lower courts, insisting that the executive governor is bound to act within the limits of the law and due process.
The Supreme Court merged four appeals and two cross-appeals into a single ruling, with all parties agreeing that the decision in the main appeal would apply to the rest
