Ilorin, Kwara State
The heirs of the late His Royal Highness Alhaji Zulkarnaini Gambari Mohammed, the 9th Emir of Ilorin, have filed a Motion on Notice at the High Court of Justice, Kwara State, seeking judicial intervention over an alleged unauthorized lease and ongoing development on a property forming part of the late Emir’s estate.
The motion, Suit No: KWS/515/2025, was brought by the widow of the late Emir, Zeinab Zulu Gambari, alongside her children and lawful heirs: Hassi at Wuraola Gambari, Mariam Segilola Gambari, Hauwa Adegboyega Gambari, Bilkisu Tinuola Gambari, Aliyu Oladipopu Gambari, and Rakiya Ajibola Gambari (Applicants).
The Respondents named in the matter are Ahmed Bolakale Gambari, and Unknown Persons allegedly involved in the development of the property.
Background of the Motion
The Applicants are seeking the Court’s protection concerning a property known as Matchco (Ile Isana), located at the Emir of Ilorin House, Murtala Mohammed Way, Ilorin — a property that forms part of the estate of the late Emir, who passed away in February 1992.
According to the motion, the 1st Respondent, who is one of four administrators appointed under the Letter of Administration granted by the Court on 26 October 2023, is alleged to have unilaterally leased the property to a developer (2nd Respondent) without the consent or authorization of the other administrators and lawful heirs.
The heirs assert that they only became aware of this transaction when they observed construction activities taking place on the property. Upon inquiry, the workers reportedly disclosed that the 1st Respondent had leased the land for a 35-year period.
Reliefs Sought by the Applicants
The motion, filed through their representative Bilkisu Tinuola Gambari, seeks multiple orders from the Honourable Court, including:
- A declaration that the lease agreement entered into by the 1st Respondent without consent is void, illegal, and of no legal effect;
- An order setting aside the said lease and withdrawing the 1st Respondent’s authority under the existing Letter of Administration;
- An order directing the remaining three administrators to immediately proceed with the lawful distribution of the estate;
- An injunction restraining the 2nd Respondent and their agents from entering, developing, or interfering with the said property; and
- Any further orders as the Honourable Court may deem just in the interest of justice.
Affidavit in Support
In her sworn affidavit, Zeinab Zulu Gambari, the widow of the late Emir, confirmed that she and her children are the lawful heirs to the estate. She stated that the family was unaware of the lease until construction began and emphasized that the act was carried out without the required joint consent of all appointed administrators.
The affidavit describes the 1st Respondent’s actions as a breach of fiduciary duty and a violation of the collective trust placed in the administrators by the Court. The family expressed concern that, unless restrained, the ongoing activities could cause irreparable damage to the property and the estate’s integrity.
Legal Basis and Argument
The Motion on Notice was filed under the authority of Sections 6(6)(B), 36(6)(C), and 272 of the Constitution of the Federal Republic of Nigeria (1999, as amended), as well as Orders 11 and 20 of the Kwara State High Court (Civil Procedure) Rules, 2022.
In their Written Address in Support, the Applicants’ counsel argued that the purpose of an interlocutory injunction is to preserve the res (subject matter) of a dispute pending determination of the substantive suit. The counsel emphasized that without immediate intervention, the Respondents’ continued actions could undermine the court’s eventual judgment and cause lasting harm to the estate.
The Applicants urged the Court to exercise its equitable discretion in their favor, stressing that the balance of convenience and the interest of justice lie with preserving the property for lawful distribution among all heirs.
Purpose of the Motion
The Applicants reaffirmed that the motion was filed in good faith, purely to ensure transparency, fairness, and lawful administration of the estate of the late Emir. They maintained that their sole interest is to protect the estate’s assets and preserve the integrity of the late Emir’s legacy for future generations.
About the Late Emir
His Royal Highness Alhaji Zulkarnaini Gambari Mohammed (1914–1992) served as the 9th Emir of Ilorin. His reign, which lasted from 1959 to 1992, was marked by scholarship, peace, and progress within the Ilorin Emirate. A statesman and bridge-builder, the late Emir left behind a lasting legacy of wisdom, service, and leadership rooted in justice and faith.
Ongoing Proceedings
The matter forms part of the broader judicial process concerning the administration and distribution of the late Emir’s estate, which has been before the Kwara State High Court.
Further verified updates and court developments will be published on this platform as the proceedings continue.
Source:
Motion on Notice, Affidavit, and Written Address filed in Suit No: KWS/515/2025, High Court of Justice, Kwara State (Ilorin Judicial Division).
Downloads
One Response
Justice rolls down like water