(1994) JELR 39922 (CA)    

Court of Appeal  ·  CA/J/17/91 ·  10 Nov 1994 ·  Nigeria
Other Citations
Aku v. Anyebe (1995) 5 NWLR (Part 397)
Aku v. Anyebe (1995) 5 NWLR (Pt. 397) 631
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria OBINNAYA ANUNOBI OKEZIE Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
trial judge
1st defendant
lower court
village head
local government law
native law
vacant stool of gago
learned trial judge
icheke village head
legal right
local government
orders of injunction
1st plaintiff
above finding
adoga ruling family of icheke clan
behalf of the members of the adoga ruling house
brief of argument
court of appeal rules
exclusion of other questions
government of benue state
grant of the order
grounds of appeal
high court
high court of benue state
icheke custom
icheke gago area
itodo ruling family
leading judgment
learned counsel
legal right of a person
legal rights
none of the parties
obinnaya anunobi okezie
present case
proper order
rabiu danlami muhammad
recognition of the gago
second issue
strict order of rotation
submissions of the counsel
trial orders
vacant stool of icheke clan head
village area

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The respondents herein were the plaintiffs at the court below. The appellant was one of the four defendants sued by the respondents in the High Court of Benue State holden at Ankpa. The respondents for themselves and on behalf of the members of the Adoga Ruling House were claiming for the following:-

"(i) A declaration by the court that by Icheke Custom only the Adoga Ruling family of Icheke Clan can, to the exclusion of any other ruling family, present the candidate to fill the vacant stool of Gago (village head) in succession to Yusufu Akuh and in particular that the Itodo Ruling family are not yet eligible by the strict order of rotation, to present, select or offer a candidate (including 1st defendant) to fill the vacant stool of Icheke Clan Head in succession to Yusufu Akuh.

(ia) A declaration that the 1st plaintiff is the only person appointed and or selected for the vacant stool of Gago (Icheke Village Head) and …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login