In a new development in the ongoing Ilorin Emir Estate dispute, the lawful heirs of the late His Royal Highness Alhaji (Dr.) Zulkarnaini Gambari Mohammed have approached the Kwara State High Court seeking permission to serve court documents through substituted means — including WhatsApp and public posting at the last known address of one of the defendants.
The motion, filed under Suit No: KWS/518/2025, is titled “Motion Ex Parte for Substituted Service.” It was brought before the High Court of Justice of Kwara State, Ilorin Judicial Division, by the applicants —
- Zeinab Zulu Gambari
- Hassiat Wuraola Gambari
- Mariam Segilola Gambari
- Hauwa Adegoboyega Gambari
- Bilkisu Tinuola Gambari
- Aliyu Oladipopu Gambari
- Rakiya Ajibola Gambari
— against the respondents:
- Ahmed Bolakale Gambari, and
- Unknown Persons believed to be connected to the disputed Matchco (Ile Isana) property situated at Emir of Ilorin House, Murtala Mohammed Way, Ilorin.
Why the Heirs Are Seeking Substituted Service
In their supporting affidavit, Zeinab Zulu Gambari, widow of the late Emir and the first applicant, stated that all efforts to personally serve the defendants had proved unsuccessful. According to the sworn statement, the court’s bailiff was unable to locate or directly serve the respondents despite several attempts.
The applicants contend that Ahmed Bolakale Gambari, one of the appointed estate administrators, has allegedly evaded personal service, while the unknown developer currently linked to the contested property has remained unreachable.
As a result, the heirs are asking the court to permit service of court processes via WhatsApp (08039230013) for the first respondent and by pasting notices at the last known address of the second respondent.
This, they argue, is in full compliance with Order 7(1)(2) & (5) of the Kwara State High Court (Civil Procedure) Rules, 2022, which allows substituted service when personal delivery is not possible.
Legal Argument and Precedent
The written address filed by Bilkisu Tinuola Gambari (for all the applicants) emphasizes that personal service is central to fair hearing, but when it becomes impossible, the court is empowered to grant substituted means.
The motion cites precedents such as:
- Owodunni v. Registered Trustees of Celestial Church of Christ (1997)
- Cally & Co Properties Ltd v. Kio-Lawson (2007)
These cases establish that substituted service ensures that the defendant is properly notified and given the opportunity to respond — upholding the principles of fair hearing, natural justice, and equity.
Background of the Case
This motion follows earlier filings where the heirs alleged that Ahmed Bolakale Gambari, acting unilaterally as one of four administrators, leased out a major estate property (Matchco/Ile Isana) to an unidentified developer for 35 years — without the consent of other heirs or administrators.
The heirs maintain that such action violates the fiduciary duty set out in the court-issued Letters of Administration (granted in October 2023) for the estate of the late Emir, who passed away in 1992.
The applicants are also pursuing injunctions to restrain development on the property and to revoke the authority of the administrator involved.
Public Reaction
1. Abdulrahman Sulaiman:
“May Allah guide the process and restore what belongs to them.”
2. KODR DE TOFFO:
“À mon avis les questions de succession en lien avec les descendances royales devront être conduites par une cour ou une commission judiciaire adhoc mise en place par l’état central, afin que la paix reigne dans la communauté ! A défaut, cette situation se verra gangrenée par la politique et la corruption très vite si l’état ne prend pas les choses en main !”
(Translation: In my opinion, issues of succession involving royal lineages should be handled by a special court or judicial commission set up by the central government, so that peace may reign in the community! Otherwise, this situation will quickly be plagued by politics and corruption if the state doesn’t take charge.)
3. Abdulrazak Bayo:
“This is unbelievable… accordingly I pray the court do justice and resolve this case amicably.”
4. Amina Dano:
“Aamin, aamin, aamin.”
