The Supreme Court has affirmed Alhaji Muhammad Bashir as the substantive Emir of Gwandu, delivering a final decision on the long-standing dispute over the Gwandu Emirate.
In a split decision of three to two, the apex court held that the deposed Emir of Gwandu, Al- Mustapha Jokolo, did not initiate the suit through the due process of the law.
It 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.
The court also ruled that this 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 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 the governor before initiating the action,” the apex court held.
Sylvester Imanobe, stood in as counsel for Al-Mustapha Haruna Jokolo, Y. C. Maikyau (SAN) represented the Governor of Kebbi State while Hussaini Zakariya, SAN, for the Emir of Gwandu.
With this judgment, the Supreme Court has restored the status quo, affirming Bashir as the Emir of Gwandu.
The decision brings an end to the protracted legal battle.
