ICYMI: Supreme court affirms Bashar as Emir of Gwandu

The supreme court has declared Muhammadu Iliyasu Bashar as the rightful Emir of Gwandu in Kebbi state, ending a 20-year legal battle over the traditional stool.

In a split judgment of three to two, the apex court ruled that Mustapha Jokolo, who was dethroned in 2005, failed to follow due process before challenging his removal in court.

THE CASE

Jokolo was the 19th Emir of Gwandu before he was deposed by the Kebbi state government. Bashar was subsequently installed as the 20th emir in June 2005.

Dissatisfied with the development, Jokolo approached the Kebbi state high court.

In 2014, the court ruled in his favour and ordered his reinstatement. The Kebbi state government and Bashar appealed the decision.

In 2016, the court of appeal sitting in Sokoto upheld the lower court’s ruling. The appellants then took the matter to the supreme court.

THE JUDGMENT

Delivering the lead judgment, Emmanuel Agim, the judge, held that Jokolo’s case was filed prematurely because he did not submit a formal complaint to the Kebbi state governor before heading to court, as required under section 4 of the Kebbi State Chiefs (Appointment and Deposition) Law.

The judge held that the failure of Jokolo to write a formal complaint to the Kebbi governor strips the lower court of the jurisdiction to entertain the case.

“This suit was filed prematurely, without first complying with the requirement to present a complaint to the governor,” the judge ruled.

“Consequently, the trial court lacked jurisdiction, and its judgement is null.”

The ruling effectively nullifies the earlier decisions that ordered Jokolo’s reinstatement, reaffirming Bashar as the legitimate Emir of Gwandu.

‘BUHARI CONGRATULATES BASHAR’

Former President Muhammadu Buhari has congratulated Bashar over the judgment via 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 Garba Shehu, the former presidential spokesperson.

“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 long-standing relationship dating back to their days in the military.

While Buhari served as military head of state, Bashar was military governor of the old Gongola state, now Adamawa and Taraba.

Jokolo also had close ties with Buhari, having served as his aide-de-camp during the military era.