The Supreme Court has dismissed an application filed by the deposed Emir of Gwandu, Alhaji Al-Mustapha Haruna Jokolo, seeking to set aside its earlier judgment in the protracted legal battle over his deposition, declaring that its decisions are final and cannot be reopened under the guise of a review.
In a strongly worded ruling delivered by Justice Jamilu Yammama Tukur, the apex court described the application as “wholly unmeritorious, vexatious and an abuse of the court’s process.”
The court also imposed ₦150 million in personal costs against Jokolo’s counsel, S.M. Danyaro, Esq., directing him, not his client, to pay the amount to the respondents within 90 days.
The court further ordered that failure to comply with the payment would result in the lawyer losing his right of audience before any court in Nigeria until the order is obeyed.
Application Sought Review of June Judgment
Jokolo had, by a motion filed on October 2, 2025, asked the Supreme Court to review and set aside its judgment delivered on June 4, 2025, in Appeal No. SC/266/2017, which arose from the legal dispute over his deposition as Emir of Gwandu.
He also urged the apex court to constitute a fresh panel to rehear the appeal on its merits.
The application was predicated on allegations that the earlier judgment was obtained through what the applicant described as a “fraudulent misrepresentation of law,” arguing that the court’s interpretation of Section 4(3) of the Kebbi State Chiefs Law wrongly deprived him of access to court and violated his constitutional right to fair hearing.
Counsel for the applicant argued that the Supreme Court possessed the power under Order 20 Rule 4 of the Supreme Court Rules 2024, as well as Sections 6(6)(b) and 36(1) of the Constitution, to revisit its decision.
He maintained that the respondents had misrepresented the law during the earlier proceedings, resulting in a judgment that should be set aside despite the doctrine of finality.
Respondents Opposed Application
Counsel to the respondents, led by Y.C. Maikyau, SAN, opposed the application, contending that the Supreme Court lacked jurisdiction to review its own final judgment except to correct clerical errors or accidental slips.
They argued that Jokolo’s application was, in substance, an invitation for the apex court to sit on appeal over its own judgment, a procedure unknown to Nigerian law.
The respondents further submitted that allegations of fraud were unfounded, insisting that the applicant merely disagreed with the court’s interpretation of the law.
They also urged the court to sanction counsel personally for filing what they described as a frivolous and abusive application.
Supreme Court Reaffirms Finality of Its Judgments
In dismissing the application, Justice Tukur held that Order 20 Rule 4 of the Supreme Court Rules is limited to correcting clerical mistakes or accidental slips and does not empower the court to revisit or rehear substantive issues already determined.
The court stressed that permitting parties to reopen concluded appeals would undermine the constitutional principle that Supreme Court judgments are final.
According to the court, allowing dissatisfied litigants to repeatedly challenge final decisions would erode certainty in the legal system and weaken public confidence in the administration of justice.
Justice Tukur cited previous authorities, including Igwe v. Kalu and Alao v. ACB Ltd, reiterating that while the Supreme Court possesses limited inherent powers to correct accidental errors, it cannot review or substitute the substantive portions of a judgment once delivered.
Request for Fresh Panel ‘An Affront’
The apex court was particularly critical of Jokolo’s request that a newly constituted panel be assembled to rehear the appeal.
Describing the request as “an affront of the highest order” to the authority and institutional integrity of the Supreme Court, Justice Tukur said the Nigerian legal system does not permit the apex court to reconstitute itself merely because a litigant is dissatisfied with its judgment.
The court warned that such a practice would destroy the doctrine of finality and plunge the justice system into endless litigation.
Court Warns Lawyers Against Frivolous Applications
Justice Tukur also expressed concern over what he described as an increasing tendency by some lawyers to file hopeless applications before the apex court.
He observed that the Supreme Court should not be treated as “an experimental arena for speculative litigation,” warning that frivolous applications consume valuable judicial time that ought to be devoted to matters of constitutional and national importance.
The court emphasized that legal practitioners have a professional obligation to advise clients responsibly and avoid advancing claims that are clearly unsustainable under established law.
₦150 Million Personal Costs Against Counsel
Consequently, the Supreme Court dismissed the application in its entirety and ordered S.M. Danyaro, Esq., counsel for Jokolo, to personally pay ₦150 million in costs to the respondents. In the lead judgment, Justice Jamilu Yammama Tukur awarded the cost of 50 Million personally against the Applicant Counsel, while Justice Emmanuel Akomaye Agim and Chioma Egondu Nwosu-Iheme also awarded 50 Million separately against the Applicant Counsel. Uwani Musa Abba Aji and Ibrahim Mohammed Musa Saulawa JSC did not make separate orders as to costs.
The court directed that the payment be made within 90 days, with a certificate of compliance to be filed in accordance with the Supreme Court Rules 2024.
It further held that failure to comply with the order would result in the lawyer being denied the right of audience before any court in Nigeria until the costs are fully paid.
The ruling leaves intact the Supreme Court’s June 4, 2025 judgment in the emirship dispute, bringing the litigation to a definitive close.