AHMADU
V.
GOVERNOR, KOGI STATE

(2001) JELR 51213 (CA)    

Court of Appeal  ·  CA/A/123/2000 ·  15 Nov 2001 ·  Nigeria
 · 
Other Citations
Ahmadu v. Gov., Kogi State (2002) 3 NWLR (Pt. 755) 502
CORAM
DAHIRU MUSDAPHER, JCA (Presided) MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Read the Lead Judgment) ALBERT GBADEBO ODUYEMI, JCA
Core Terms Beta
section
law no.
appellants
kogi state
learned trial judge
issues
aggrieved party
trial court
chief
state treasury
appellants’ brief
appointment of 3rd defendant
3rd respondent
learned counsel
such appointment
clear provision of section
first issue
1st defendant
1st respondent
above law
appointment approval ordeposition of a chief
associates counsel
background facts of this case
briefs of argument
circumstances of this case
deposit of n15,000.00
file
governor of a person
high court of justice
honourable court
interlocutory appeal
kogi state high court
kogi state law no.
office of the chief registrar of the condition precedent
order of this honourable court
own appointment
present case
provisions of the law no.
relevant law
resolution of the first issue
respondents’ counsel
rules of this court
ruling of the trial high court koton
said law
suit no. hcl
tice of prelimi nary objection
trial judge
unambiguous meaning of section
way of preliminary objection

MUNTAKA-COOMASSIE, JCA(Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of the trial High Court Koton- karfe, Kogi State delivered on 21st May, 2001.

The background facts of this case appeared to be straightforward, devoid of any serious conflicts. It is briefly stated thus:-

The 3rd respondent, who was the Chief - i.e. the Angankyu of Kakanda, Budon until his suspension from office by the 1st defendant, now 1st respondent. The 3rd respondent then as the plaintiff instituted an action before the High Court of Justice, Kogi State challenging his suspension. The defendants before that court were the 1st and 2nd respondents herein and the two appellants. Pleadings were duly exchanged. The matter was about to commence in earnest when the 3rd and 4th defendants therein filed a motion on notice to strike out the suit by way of preliminary objection on the ground that the action was incompetent.

The motion reads thus:-

An Order striking out the entire suit on t…

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