By Emmanuel Kwada
A dramatic turn of events has unfolded in Adamawa State, as Barrister Samson Bukar Mshembula launches a scathing rebuttal to Dr. Umar Ardo’s criticism of the newly created Fufore Emirate. Mshembula’s thought-provoking response sheds light on the intricate legal and customary processes that paved the way for the emirate’s establishment, leaving no stone unturned in his defense of the Governor’s decision.
Mshembula’s rejoinder is a must-read for anyone seeking to understand the complexities of traditional leadership in Adamawa State with the full text below
“The Fulfilment of Customs & Due Process In The Creation Of Fufore Emirate; A Rejoinder To Dr Umar Ardo By Barr. Samson Bukar Mshembula.
“On Sunday, 19th January 2025, I came across a piece written by Dr. Ardo Umar, a son of Adamawa state and a former presidential aide. The document was titled “Legal Arguments Against the Creation of Fufore Emirate in Adamawa State”. The write-up was a nice piece of document, but there was never any legal argument whatsoever. The write-up was about the recent establishment of the new Emirate of Fufore as an emirate in Adamawa State by His Excellency Rt. Hon. Ahmadu Umaru Fintiri the Governor of Adamawa state.
I was both amused and shocked by Dr. Ardo’s apparent lack of understanding of some basic legal principles
As I read through it, I was both amused and shocked by Dr. Ardo’s apparent lack of understanding of some basic legal principles.
“Dr. Ardo is a recurring figure in the Adamawa gubernatorial race and a frequent face in the court, so my expectation is that he should know much better about the workings of the law and the business of lawmaking. I think it’s fair to refer to him as a lawyer by association!
“My concern stems from what I perceive as his lack of empathy and understanding of the various ethnic groups in Adamawa State and their problems.
“In his write-up, Dr. Ardo attempted, but failed, to prove that Governor Fintiri and the Adamawa State House of Assembly breached the law in establishing the Fufore Emirate, claiming it was done without consulting the beneficiaries, who have never complained about a lack of consultation.
The emirates and chiefdoms emerged through the best form of policy and law-making process available in a democratic setting
“The author deliberately chose not to inform the few ignorant individuals who might read his article that the emirates and chiefdoms emerged through the best form of policy and law-making process available in a democratic setting.
“I am aware that the Fufore Emirate was created after due consultations and demands from the people in the area who wrote the state government and made a case for the creation of an emirate, which was long overdue. I have seen letters written to the governor by residents calling for the establishment of an emirate for them. Unless Dr Ardo is speaking on behalf of the Lamido of Adamawa, it appears that the Lamido is also satisfied with this initiative, as he has never publicly voiced any displeasure about the creation of the emirate.
“Historically, the kingmakers who appointed the Lamido of Adamawa were the District Heads of Ribadu, Zumo, Malabu, Mayo Farang, Daware, and Lamdo Katsina. The emergence of these individuals as kingmakers is a topic for another discussion. It is worth noting that the position of the Lamido itself was established through administrative fiat by colonial rulers, and its status has been upheld by successive governments. It may surprise my readers to learn that one of the kingmakers, the Lamdo Katsina, is not originally from Adamawa State but from Katsina hence the name Lamdo Katsina. The first person to hold the title of Lamdo Katsina migrated from Katsina during the reign of Modibbo Adama, and his descendants have maintained the title since then.
Chief, king, or emir, regardless of their status, is not recognized unless the government—who effectively employs the chief—issues a letter of appointment and a staff of office
“It should be noted that a chief, king, or emir, regardless of their status, is not recognized unless the government—who effectively employs the chief—issues a letter of appointment and a staff of office. This is the law throughout Nigeria, not just in Adamawa State. The then Lamido of Adamawa, Dr. Aliyu Musdafa, received his staff of office in 1954 at the Polo Ground in Yola from Sir Bryan Sherwood-Smith, the British Colonial Governor of Northern Nigeria. The exalted position of the Lamido of Adamawa also relies on government funds, with a percentage coming from the income of the local government councils to the throne.
The Lamido’s seat originally started in Gurin before moving to Yola, which was already an established town when he arrived
“The Lamido’s seat originally started in Gurin before moving to Yola, which was already an established town when he arrived. As of 1804, there was no stool designated as the Lamido of Adamawa. In fact, there were many indigenous tribes in the area, such as the Bata people, who were the original inhabitants and custodians of the land.
“In 1805, when Modibbo Adoma returned from Islamic school in Bargami, he discovered that his father, Ardo Hassan, has died in a battle between the Fulbe and the Bata people. I share this information to highlight that the Lamido of Adamawa benefitted from governmental acts and support and the fact that the land was not a vacant land but one inhabited by other tribes.
“It’s worth noting that through administrative practices and legislative processes, Modibbo Adama established and expanded his authority. The first actions of Modibbo Adama began when Ardo Gamawa of Rai, Ardo Njobdi of Bundang, Ardo Hamman Dandí of Banyo, and Ardo Hamman Sambo of Tibati sent a letter to Usman Dan Fodio asking to initiate a jihad, suggesting the then-young Modibbo Adama for leadership.
In 1806, Usman Dan Fodio granted Modibbo Adama a letter of appointment, naming him the leader of the Fulbe people, rather than over other tribes in the region. He was conferred with the title “Lamido Fombina,” meaning Lord of the South.”
After the jihad, Modibbo Adama established a new emirate system initially referred to as Fombina, which later became known as the Adamawa Emirate
According to Mshembula, after the jihad, Modibbo Adama established a new emirate system initially referred to as Fombina, which later became known as the Adamawa Emirate. At its peak, this emirate covered 40,000 square miles, stretching from Marua and Mdlagali in the north to Ngaundere and Tibati in the south, and from Rei Buba in the east to Mayolope in the west. Notably, there were no kingmakers involved in this process.
“The second Lamido of Adamawa, Muhammadu Lauwal, reigned from 1848 to 1872. He was not elected or appointed by any kingmakers but his appointment followed the instructions left by his late father. The second Lamido had 11 brothers, and there was a conflict between him and his brother Hamidu; however, he prevailed because he was the first son, he had gained the support of leading nobles, and the instructions of Modibbo Adama were followed to its later. The appointment of the second Lamido was accepted and approved in Sokoto by Caliph Ali Ibn Bello in 1848.
“The second Lamido conquered towns around and created sub-emirates without any consultation. This act eroded the presumption suggested by Dr. Ardo that there is customarily a particular procedure that he said started in time immemorial. At that time, it was the sole prerogative of the Lamido to create sub-emirates and districts as he wanted, and he did so in Mubi, the tribes of Lere, and among the Batas of Bagale Hills.
“The third Lamido was Usman Sanda, who reigned from 1872 to 1890. He ruled for 18 years and was a weak ruler such that the sub-emirates and districts rose up against him, and he had so many leadership tussles within the sub-emirates and districts until his demise.
“The fourth Lamido Zubairu reigned from 1890 to 1901 and was appointed because he was the eldest of the surviving sons of Modibbo Adama. A fight broke out between his forces and the British forces on the 2nd of September 1901 and he fled to Yola. On the 8th of September 1901, the British appointed Bobbo Ahmadu a younger brother to Zubairu without any kingmakers. Bobbo reigned from 1901 to 1909 as the 5th Lamido. At that time, the British had taken over administration, and he ruled according to the whims and caprices of the colonialists and subject to the High Commissioner. Bobbo was deposed in 1909 and was sent into exile to Lokoja. The King of England, King Edward VI, visited Nigeria, and while at Kano, Abba, the son of Zubairu, requested that his father be allowed to return to his Yelwa Quarters, and it was granted, but he did not return as the Lamido.
Read Also:New Chiefdoms, Emirates in Adamawa State: A Recipe for Discord, Division-Dr Ardo
“The 6th Lamido, Iya, reigned for just a year and was removed by the British Resident, Mr. Boyle, in 1910. All the successive Lamidos continued to emerge by fiat of the colonialists. It is important to note that some of the Lamidos emerged from their positions as District Heads, such as the 8th Lamido and Muhammadu Bello Maigari.
“The 10th Lamido, Ahmadu, was removed in 1953 after seven years on the throne, at which point Aliyu Mustafa became the 11th Lamido who was appointed on July 26, 1953.
It is worth mentioning that the purported kingmakers could not appoint a Lamido even when a vacancy exists, unless directed otherwise by the state government
“At this point, it is worth mentioning that the purported kingmakers could not appoint a Lamido even when a vacancy exists, unless directed otherwise by the state government, usually through the Ministry of Local Government and Chieftaincy Affairs. This implies that the governor interacts and controls all the emirs and chiefs through a mere commissioner, if I may use that term.
“Additionally, recall that the sphere of influence of the Lamido increased geographically before subsequently decreasing. It started from Gurin to Ribadu to Joboliyo and then to Yola.
“My elder brother and very good friend, Dr Ardo, spoke about the legal position regarding the establishment of a new emirate. In the process, he misrepresented the law, mistakenly standing it on its head instead of maintaining its proper foundation. Coupled with his lack of understanding of the law, he ended up confusing his readers with his write-up. I will break it down in the preceding paragraphs hereunder.
Every resident of Adamawa is represented in all legislative decisions and laws enacted through their elected representatives in the Adamawa State House of Assembly
“In Nigeria, the legislative process for enacting laws is conducted by the legislature. Every resident of Adamawa is represented in all legislative decisions and laws enacted through their elected representatives in the Adamawa State House of Assembly. The state is divided into constituencies to ensure comprehensive representation.
“The Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended, delineates the authority of the legislature, which derives its power from the citizenry. Each action taken by the State House of Assembly (SHA) is legally regarded as the collective decision of the state’s populace. Specific provisions in the CFRN establish the framework for the operations of the state Houses of Assemblies. The legislative process has historical roots dating back to the 12th century and is influenced by medieval European legal traditions. Furthermore, acts enacted by the legislature may be subject to judicial review whenever anyone feels that his rights have been breached by their enactments. I advise Dr Ardo if he feels so entitled.
“Concerns have been raised by Dr Ardo regarding what he termed as the lack of public consultation during the legislative process leading to the creation of the Fufore Emirate. He alleged that the kingmakers were excluded from discussions and consultations before the new emirate was created. However, contrary to such reckless speculation, there were public displays of wild celebration and loyalty towards the Ribatu Emirate.
“Within the Nigerian legislative framework, public hearings are an integral component, and the Adamawa State House of Assembly has established procedures to regulate such proceedings. These regulations may involve committees that possess quasi-judicial powers, enabling them to summon witnesses and compel attendance.
Before a law is made or passed, a bill must be presented. This bill is a draft document proposing a new law. Once a bill is received, it is assigned to the relevant committee
“Legislative hearings are typically conducted through various committees, and these sessions usually occur in a structured manner that facilitates public participation and transparency. During the second reading of bills, committees collect input to add or omit content from a bill before it is presented to the House. Before a law is made or passed, a bill must be presented. This bill is a draft document proposing a new law. Once a bill is received, it is assigned to the relevant committee. In this instance, a committee was formed by the ADHA, which reviewed the bill. After meeting the required standards, it was presented before the Chamber.
The law and process leading to the creation of Fufore Emirate successfully went through all the necessary processes and was signed into law in accordance with global practices, norms, and procedures by Governor Fintiri
“The law and process leading to the creation of Fufore Emirate successfully went through all the necessary processes and was signed into law in accordance with global practices, norms, and procedures by Governor Fintiri, amidst wild jubilation from people in domains who benefited from the creation.
“Dr Ardo stated that the creation of the Fufore Emirate was a clear violation of established customary and historical precedents. However, I took great care to outline to him that, indeed, since the creation of the stool of Lamidos, from the handing of the flag for Jihad in 1804 to its commencement in 1806, we have witnessed individuals appointing many of the Lamidos solely without any consultation.
“This indicates that the practice has historically shown there were no true kingmakers inception. Instead, they were merely created as layers of convenience. Dr Ardo seems to be speaking on behalf of individuals who are very comfortable with the processes that led to the emergence of the emirate and they are largely the beneficiaries. His complaints appear to be more political than historical. Throughout history, there have been instances where vacancies existed amongst the kingmakers because of death, etc.
“There is a need to question the legitimacy of certain actions and view them from the correct perspective. It raises the question thus: who created the kingmakers in the first place if they didn’t exist beforehand? For example, how can the Lamdo Katsina from Katsina be considered a kingmaker in Adamawa state?
The desire to retain one person as a kingmaker cannot deny the good people of Fire from having an emirate of their own
“The legitimacy of the appointment of Lamido seems to stem from the decisions of a few individuals. The Lamido of Fufore, also referred to as the Emir of Fufore, is not a first-class emir at par with the Lamido of Adamawa and his appointment does not diminish the authority of the kingmaker from Ribadu in performing his duties. The desire to retain one person as a kingmaker cannot deny the good people of Fire from having an emirate of their own. Dr Ardo should not be emotional about the appointment and creation of the new emirate.
“The boundaries of traditional institutions have continually been altered by divine intervention, natural circumstances, and human actions. Previously, the appointing authority for the Lamido was the Sultanate of Sokoto. However, this system has ceased to function effectively due to modernization and other factors. Today, such appointments are made by the Adamawa State Government. The only constant thing in life is change.
“The law referenced by Dr. Ardo, which governs the boundaries of traditional titles in Adamawa State, was created by the State House of Assembly. This law designates the governor as the sole authority for appointing new districts, chiefdoms, and emirates.
“Section 315 (5)(d) of the constitution recognizes the validity of any customary laws; however, such customs and practices are subject to other laws as well. For instance, there are customs in some societies that dictate a chief must be buried alive with slaves upon their death. Such practices are repugnant to natural justice, equity, and good conscience.
“There is a legal concept known as the Repugnancy Test formulated by the Supreme Court, which requires that all laws must pass this test to become formal and accepted. Any customs that subjugate individuals, promote backwardness, or hinder progress will be rejected. The Repugnancy Test was introduced by the Supreme Court in the 19th century and determines whether a law conflicts with the Constitution.
“I respectfully refer you to the case of Eshugbayi Eleko v. Officer Administering the Government of Nigeria (1931) AC 662, where Lord Atkins stated that a custom must be rejected if it is found to be repugnant to natural justice, equity, and good conscience. Therefore, I put it to you, sir, that any customs suggesting that Fufore cannot become an Emirate due to a single person’s role as a kingmaker are barbaric and should be discarded into the dustbin of history. It’s common knowledge that the creation of traditional stools, like electricity and good roads, brings development.
“The case of Adigun V Attorney General Oyo State (1987), which you cited and made reference to, does not apply to our discussion here and is therefore wrongly applied. In the case of Adigun, the facts of the case are that the government of Oyo State, in appointing the Oluwo of Iwo in 1979, was told that there is only one ruling house, and it is the Ogunmakinde Ande family. That declaration caused a riot in the city wherein the military government then appointed Dr Agiri as sole commissioner. The state government then made a new law regulating the selection of the Oluwo of Iwo, and three ruling houses, namely Alawusa, Adagunodo, and Gbase, were added. The Ogunmakinde Ande was dropped because they are part of the Alawusa Ruling House. The state government won at the High Court, Court of Appeal, and the Supreme Court. This case does not even support your case but works against what you are trying so hard to establish sir. The proper and full citation of this case is Prince Yahaya Adigun & 2 Ors V Attorney General Oyo State (1987) CLR 3(h) SC.
“You also made reference to the case of Shugaba V Union Bank of Nigeria PLC (1999). This case does not apply at all to our discussion here. The proper citation of the case is Alhaji Audu Shugaba v. Union Bank Nigeria Plc (1999) LEJR-SC. This case originated from the High Court of Borno State, sitting in Maiduguri, which started in 1987 under case number M/135/87. It involves a bank and its customer and has no relevance to the discussion on chieftaincy, customs, or acts of any government, as no government office, institution, or agency was involved in that matter. I am unsure who informed you that it relates to the matter at hand.
Don’t get agitated again by my reference to the new emir as “Lamido” because it’s just a Fulbe word for an emir or chief and nothing more
“Additionally, you referenced the case of Olufemi V Ekiti State Government. However, I could not find any case of that nature or name because you did not provide the proper citation.
“Finally, sir, my response to you above indicates that the Adamawa State Government and the Adamawa State House of Assembly did not violate any law or customs in creating Fufore Emirate unless you are asserting that the customs of the people of Fufore dictate that no emirate should ever be created. This is not so due to the reception of the news of the creation and the wonderful choice of His Royal Highness Alhaji Sani Ribadu as the Lamido of Fufore. Please don’t get agitated again by my reference to the new emir as “Lamido” because it’s just a Fulbe word for an emir or chief and nothing more.
Focus your energy on what unites us rather than what causes unnecessary division
“Sir, please focus your energy on what unites us rather than what causes unnecessary division. I want to assure you that the biggest beneficiary of the creation of the Fufore Emirate will be the political class of which you are a member. I know that in the near future, you will be given a traditional title from the emirate.
“Before I conclude sir, permit me to say that I am confident that the Lamido of Adamawa is pleased to have a new emirate under his leadership, paying allegiance to him. If he is not, then “akwai damuwa.” he concluded.
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