Alh. Muhammaadu Iliyasu Bashar V. Alhaji Mustapha Haruna Jokolo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI?AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal of the appellant vide his Notice of Appeal filed on 11/12/2014 against the decision of the High Court of Justice of Kebbi State decided on 11/12/2014 by Honorable Justice Abbas Ahmad in Suit No. KB/HC/14/2005.

By paragraph 12 of his further amended statement of claim, the plaintiff claimed against the Defendants jointly and severally as follows:

1. A declaration that the announcement made by the 1st defendant on Kebbi State Television Service on Friday, 3rd June 2012 and the letter by the secretary to Kebbi State Government, Alhaji Bala Musa Sakaba with Re. No. GHBK/S/10/VOL. 1 dated 3rd June 2005 purporting to depose the requisite inquiry and consultation, and without obtaining the advice of the Kebbi State Council of Chiefs and Gwandu Emirate Council respectively and therefore was illegal, null and void.
2. A declaration that the announcement made by the 1st defendant on Kebbi State Television Service on Friday, 3rd June 2012 and the letter by the secretary to Kebbi State Government, Alhaji Bala Musa Sakaba with Re. No.

GHBK/S/10/VOL. 1 dated 3rd June 2005 purported to depose the plaintiff as Emir of Gwandu were made in breach of the Chiefs (Appointment and Deposition) Law applicable in Kebbi State and was therefore ultra vires and void.

3. A declaration that the announcement made by the 1st defendant on Kebbi State Television Service on Friday, 3rd June 2012 and the letter by the secretary to Kebbi State Government, Alhaji Bala Musa Sakaba with Re. No. GHBK/S/10/VOL. 1 dated 3rd June 2005 purported to depose the plaintiff as Emir of Gwandu without first affording him the opportunity of being heard was a breach of his constitutional right to fair hearing and the rules natural justice and therefore was illegal and void.
4. An order setting aside the 1st defendant?s purported deposition of the plaintiff as the Emir of Gwandu as null and void.
5. An order setting aside the entire process leading to the appointment and installation of the 14th defendants as the Emir of Gwandu as null and void.
6. An order directing the 1st Defendant to forthwith re- instate the plaintiff as the Emir of Gwandu with all privileges and prerogative accustomed and

attached to the office of an Emir of Gwandu as contained in the Appointment of the Emir of Gwandu Order, 1995 by which the plaintiff was appointed Emir of Gwandu.

7. An order directing the 1st Defendant to forthwith pay to the plaintiff outstanding arrears of his salaries and other entitlements and benefits due to him from 3rd June 2005 to date.
8. And for such order as the Honorable Court may deem fit in the circumstances.”

The defendants filed consequential Amended Statement of Defence pursuant to the order of the Court on 10/1/2013.

Subsequently, the plaintiff filed Reply to Consequential Amended Statement of Defence on 21/1/2013.

Hearing later commenced. After hearing the parties, the learned trial Judge gave judgment inter ? alia thus

“Consequently, upon and in consideration of the pleaded facts and evidence adduced, after considering submission of learned counsel to the parties and all the authorities cited thereof in this Suit, I hereby resolved (sic) all issues raised in favour of the plaintiff Alh. Mustapha Haruna Jokolo, therefore and after due consideration of reasons adduced above, it is necessary to and I

hereby granted (sic) the claimant all reliefs and declarations he sought in his written statement of claim dated the 9th January 2013 in this Suit, thereby I make the following orders:-

1. An order setting aside the 1st Defendant purported deposition of the plaintiff as the Emir of Gwandu which is null and void.
2. An order setting aside the entire processes leading to the appointment and installation of the 14th Defendant as the Emir of Gwandu.
3. An order directing the 1st defendant to forthwith re- instate the plaintiff as the Emir of Gwandu with all the privileges and prerequisite accustomed attached to the office of an Emir of Gwandu as contained in the Appointment of the Emir of Gwandu order 1995 which the plaintiff was appointed Emir of Gwandu.
4. An order directing the 1st Defendant to forth with pay to the plaintiff outstanding arrears of his salaries and other entitlements and benefits due to him from 3rd June 2005 to date.

No order as to cost is awarded as parties should bear their costs”

Dissatisfied with the above decision, the appellant challenged the decision on 8 grounds.

The grounds of appeal (shorn of

the particulars) are:-