The Court of Appeal, Sokoto Division, has reaffirmed that the former Emir of Gwandu, Alhaji Al-Mustapha Jokolo, was denied a fair hearing prior to his dethronement by the Kebbi State government.
In a unanimous judgment delivered by Justice Ebiowei Tobi on Monday, the court ruled that the appeal lacked merit and upheld the earlier decision of the lower court.
Justice Tobi noted, “The lower court did not base its decision on the testimonies of DW1 and DW2 but on non-compliance with the Chiefs Appointment and Deposition Law of Kebbi State.” He emphasized that the court’s previous judgment highlighted the lack of fair hearing afforded to Jokolo.
The ruling comes as a continuation of a protracted legal battle that began approximately 18 years ago when Jokolo challenged his dethronement, asserting that the government failed to follow due process by not allowing him a fair hearing.
Following the ruling, the lead counsel for the Kebbi State government, Yakubu Maikyau, expressed gratitude for the court’s judgment, describing it as timely, but announced plans to appeal to the Supreme Court. Conversely, Jokolo’s counsel, Fascal Onyenobi, praised the ruling, deeming it a significant victory.
A family member of Jokolo, Aminu Muazu, called the judgment a landmark decision, highlighting the case’s lengthy history as an effort to enforce Jokolo’s fundamental rights.
The Chief Press Secretary to the Kebbi State Governor, Ahmed Idris, stated that the government would respond after reviewing the court’s ruling. “We can’t comment now until we receive the copy of the judgment,” he noted.
This recent decision marks the second time the Kebbi State government has lost an appeal regarding Jokolo’s case, which stems from his 2005 deposition and subsequent exile to Nasarawa State by then-Governor Adamu Aliero. Jokolo’s legal team has consistently argued that the government acted unlawfully by not adhering to established procedures in his deposition.
The initial Kebbi High Court ruling in 2006 had dismissed Jokolo’s case for lack of merit. However, subsequent appeals led to the Court of Appeal finding that the government had indeed violated the law by failing to consult relevant bodies before the deposition. In December 2014, a Kebbi High Court ruled in favor of Jokolo, ordering his reinstatement.
Despite the appeals by the Kebbi State government and Jokolo’s successor to the Supreme Court, the legal disputes regarding the Gwandu Emirate have continued, with the apex court postponing its hearings until all related matters are resolved.
