Gwandu emirship feud- Supreme court affirms Alhaji Ilyasu-Bashir as emir

By Vivian Okejeme,  Abuja

The Supreme Court, on Wednesday, confirmed Alhaji Muhammad Ilyasu Bashir as the substantive Emir of Gwandu, thereby putting to an end, the 20 years legal tussle over the emirate throne.

Recall that HRH, Alhaji Al- Mustapha Haruna Jokolo was deposed in 2005 and he immediately challenged his dethronement at the State High Court.

In 2014, a State High Court sitting in Birnin Kebbi had ordered Alhaji Jokolo’s immediate reinstatement, having been satisfied that he was illegally deposed and that due process was not followed.

Not satisfied with the judgement, Kebbi State Government and Jokolo’s successor, filed an appeal challenging the decision of the State High Court.

In 2016, the three judges of the appellate court also held that the deposition of the Emir contravened sections 6 and 7 of the Chief Appointment and Deposition Law of the State because the Governor neither made an inquiry into the allegation against the Emir nor consulted the Kebbi State’s Council of Chiefs before arriving at his decision.

But in a split judgment of 3 to 2, the Supreme Court held that the deposed Emir of Gwandu, Al- Mustapha Haruna Jokolo, did not initiate the suit via due process of law.

The apex court reasoned that the deposed Emir erred in law when he failed to serve a pre-action notice on the Governor of Kebbi State, a crucial step in filing the suit.

It as the contention of the court that the procedural lapse robbed the trial court of jurisdiction to entertain the suit in the first instance.

Consequently, the entire proceedings and judgment of both the trial court and Court of Appeal were set aside.

“The Supreme Court holds that the deposed Emir of Gwandu, Al-Mustapha Haruna Jokolo did not initiate the suit via due process of law, the Justices

The court held that “pre-action notice is crucial to be served on the Governor of Kebbi State and the deposed Emir did not issue a petition to Governor before initiating the action.”

The case was represented by prominent counsel, including Y.C. Maikyau, SAN, for the Governor of Kebbi State; Hussaini Zakariya, SAN, for the Emir of Gwandu; and Sylvester Imanobe, Esq., for Al-Mustapha Haruna Jokolo.

With this judgment, the Supreme Court has restored the status quo, affirming Alhaji Muhammad Ilyasu Bashir as the Emir of Gwandu.

Justice Uwani Abba Aji, leading a 5-man panel of the  Supreme Court, had on March 11, 2025, fixed June 6, for judgment on the appeals and cross appeal in respect of the Gwandu emirate tussle.

But the judgment date was brought forward to June 4, because of the Sallah.