The Kebbi state government has lost another appeal against the former Emir of Gwandu, Alhaji Mustapha Jokolo.
The state government alongside 12 others had filed an appeal against the judgement of the lower court on the fundamental right of the former Emir.
According to the judgement of the lower court, the former Emir was not given a fair hearing before his dethronement by the state government.
This is the second time the appellant court dealt with the subject matter in favour of Jokolo.
The court in its unanimous judgement read by Justice Ebiowei Tobi on Monday, ruled 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 held.
Responding to the Judgement, the lead counsel to the appellant, 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 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.
