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The Supreme Court has nullified a Kebbi State High Court judgement reinstating Al-Mustapha Jokolo as the 19th Emir of Gwandu.
In a judgement on Wednesday, the Supreme Court stated that the case was instituted without first exhausting mandatory dispute resolution procedures.
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In a split decision of three to two, the court held that Mr Jokolo failed to comply with Section 5(4) of the Kebbi State Chiefs (Appointment and Deposition) Law, which requires an aggrieved party to submit a formal complaint to the governor before initiating legal proceedings.
Delivering the lead judgement, Emmanuel Agim stated that while individuals may seek judicial redress in chieftaincy matters, they must first adhere to the legal process prescribed by law.
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He noted that Mr Jokolo’s failure to serve a pre-action notice on the Governor of Kebbi State rendered the suit incompetent.
“This suit was filed prematurely without first presenting a complaint to the governor as stipulated by law,” Mr Agim ruled.
“The trial court lacked jurisdiction to entertain the matter, and its decision is therefore null and void.”
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Mr Jokolo, a former Aide-de-Camp to ex-Head of State Muhammadu Buhari, was deposed in 2005 under controversial circumstances.
He sued the Kebbi State High Court to overturn his removal and reclaim the throne.
In 2014, the High Court ruled in his favour and ordered his reinstatement — a decision upheld by the Court of Appeal in 2016.
However, the Kebbi State Government and the current Emir of Gwandu, Muhammadu Ilyasu-Bashar, challenged both rulings at the Supreme Court.
Although the judgement was initially scheduled for 6 June, the court moved it forward to 4 June due to the upcoming Eid-el-Kabir holidays.
The Supreme Court consolidated four appeals and two cross-appeals into a single judgement.
All parties agreed that the determination of the principal appeal would be binding on the others.
The Supreme Court added that the failure to exhaust internal administrative remedies, as required by law, invalidated the entire proceedings before the High Court and the Court of Appeal.
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Consequently, it set aside their judgements and made no order regarding costs.
Mr Agim further emphasised that Section 4(3) of the law applies to both appointments and depositions of traditional rulers, reinforcing the requirement that the governor be formally notified before litigation.
He explained that the High Court judge “deprived the court of jurisdiction” by proceeding with the matter despite this procedural lapse.
In a dissenting minority judgement, Ibrahim Salami dismissed the appeals and affirmed the earlier judgements.
He argued that the governor is still obligated to act by due process and the law, even in chieftaincy disputes.
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