(2003) JELR 44810 (SC)    

Supreme Court  ·  SC.95/1996 ·  4 Jul 2003 ·  Nigeria
Other Citations
Adake v. Akun (2003) 14 NWLR (Pt.840)311 (2003) 7 S.C 26 (2003) 7 S.C 26
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
local government
traditional council
1st day of june
court of appeal
judgment of the court of appeal
1st appellant
grounds of appeal
local government edict of plateau state
purported election
appointment of a secretary
brother ogundare
district head
foregoing provisions of this section
military governor
modification of native law
mr. gopep
said provisions
statement of claim
2nd defendant
above averment
above evidence
andong adake 2nd defendant
conclusion of the pleadings
dw2 michael kasham uirse
election exercise
favour of the defendants
filling of the vacant office of saf manguna
i. l. kutigi
incompetent grounds of appeal
judgment of the trial high court
latter court
leading judgment
learned trial judge
local government of plateau state
main issue
mangu traditional council standing orders
meeting of the kingmakers
m. e. ogundare
plaintiff adamu akun
presiding officer
provisions of the mangu emirate
selection of the district head of mangu district
similar manner dw3 pyempute james
similar way
traditional elector
u. a. kalgo

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal relates to the dispute over the filling of the vacant office of Saf Manguna (District Head) of the Mangu Local Government of Plateau State which fell vacant in April, 1989. The plaintiff Adamu Akun (who is now respondent before us and Andong Adake 2nd defendant who is 1st appellant in the appeal before us) vied for the vacant office. There was a meeting of the Kingmakers to elect one of the two contestants to the office pursuant to the provisions of the Mangu Emirate/Traditional Council (Modification of Native Law and Customs relating to the selection of the District Head of Mangu District) Order 1978, PLSG No. 11 of 1978. The electors elected the 2nd defendant (that is, 1st appellant) to the office but the plaintiff was dissatisfied with the election exercise and sued the Mangu Local Government and his co-contestant Andong Adake claiming as per paragraph 22 of the statement of claim as hereunder:

"(a) A declaratio…

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