The Court of Appeal has again reaffirmed that the former Emir of Gwandu, Alhaji Al-Mustapha Haruna Jokolo was not given a fair hearing before his dethronement by the Kebbi state government.
This was the second time the state government had lost an appeal against the judgement of the lower court, which held the same position.
In their unanimous decision read by Justice Ebiowei Tobi on Monday, the appellate court held that the appeal lacked merit.
“I went through the judgment of the lower court and I did not see where the lower court based its decision on DW1 and DW 2, but on non compliance to the Chiefs Appointment and deposition law of Kebbi state.
“I have looked at the judgement again and again. That the lower did not make mention of these evidences as the basic of the judgement.
“All the lower court did was to produce the Chiefs Appointment and Deposition Law of Kebbi State in coming to the conclusion that the first respondent was not accorded fair hearing.
“So based on this, the appeal lacks merit and therefore dismissed. By so doing, I reaffirm the judgement of the lower court delivered by Justice Abbas.
“And if you can remember, the sister appeal was equally determined in favour of the first respondent (Jokolo) because they were all talking about the same subject matter,” he said.
Responding to the Judgement, the lead counsel to the appellants, Mr Yakubu Maikyau, thanked the court for the judgement which he described as timely.
He, however, said they would appeal against the judgement at the Supreme Court.
Also reacting, counsel to the 1st respondent, Alhaji Jokolo, Barrister Fascal Onyenobi, hailed the judgement, which he said was not surprising as this was the second time, they were winning the case.
In 2014, a Kebbi State High Court 6 in Birnin Kebbi, ordered his immediate reinstatement, having been satisfied that he was illegally and unlawfully deposed.
Delivering his judgment, Justice Abbas Ahman said the deposition was contrary to law and that due process of law was not followed in the deposition.
Not satisfied with the High Court judgment, Kebbi State Government and Jokolo’s successor, filed an appeal challenging the decision of the Kebbi State High Court.
In a unanimous judgment delivered in April 2016, three Justices of the Court of Appeal led by Justice Tunde Awotoye held that the 2005 deposition of the Emir by the then Governor of the State, Senator Adamu Aliero 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 Council of Chiefs before arriving at his decision.
The Kebbi State Government and Jokolo’s successor approached the Supreme Court for a final decision.
Specifically, the current pending three appeals before the Supreme Court are aimed at reviewing the verdicts of the two Courts of Appeal and determining whether the Kebbi State Government contravened Sections 6 and 7 of the Chief Appointment and Deposition Law of the State because the former Governor neither made an inquiry into the allegation against the Emir nor consulted the State Council of Chiefs before arriving at his deposition decision.
On December 9, 2021, the Supreme Court shifted the hearing in the long-drawn legal battle on the Gwandu Emirate of Kebbi State by two years.
The apex court opted to stay its own proceedings in view of the pending appeal at the Court of Appeal in Sokoto to enable it to handle together, all matters relating to Gwandu Emirate stool.
