JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): His Royal Highness Al-Mustapha Jokolo (1st respondent) was installed the 19th Emir of Gwandu in Kebbi State of Nigeria some years ago and remained so until the 3rd June, 2005 when the Governor of Kebbi State dethroned him and then banished him to Lafia and subsequently Obi in Nasarawa State of Nigeria. There he took ill and was being medically attended to at the Dalhatu Araf Specialist Hospital, Lafia. His Royal Highness was in due course transferred to the National Hospital, Abuja for further treatment. On Wednesday, 29th March, 2006 at about 1:30am the 1st respondent was forcefully removed presumably by agents of the appellant and the Governor of Kebbi State from his sick bed and handcuffed to Lafia and subsequently Obi in Nasarawa State. On 31st day of March, 2006 G.O. Imhanobe, Esq. sought and was granted an exparte application to enforce the fundamental rights of the Emir.
Upon grant of leave, the learned Counsel filed a mot…