The Supreme Court has upheld Alhaji Muhammad Ilyasu-Bashir as the substantive Emir of Gwandu in the long-standing dispute over the emirate’s throne.
In a split decision, the apex court held that the deposed Emir of Gwandu, Al-Mustapha Jokolo, did not initiate the suit via due process of law.
The court held that the deposed Emir failed to serve a pre-action notice on the Governor of Kebbi State, a crucial step in initiating the suit.
It also ruled that the procedural lapse robbed the trial court of its jurisdiction to entertain the suit.
As a result, the entire proceedings and judgment of both the trial court and Court of Appeal were set aside, the Supreme Court’s decision effectively affirms.
The Supreme Court’s verdict reads, “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 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.
The decision brings an end to the protracted legal battle, providing clarity on the throne’s occupancy.
