NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Akamkpa delivered on 31 March 2010.
The appellant and the 1st respondent are both from Nsan village in Akamkpa Local GovernmentArea and were in a tussle for the position of village head of Nsan. The 1st respondent was selected as village head. A letter to that effect was written and sent to the Akamkpa Traditional Rulers Council on 27 March 2006 exhibit F. The Akamkpa Traditional Council recognized the 1st respondent vide the minutes of the meeting at pages 22 27 of the record of appeal. Being dissatisfied with the selection and recognition of the 1st respondent, theappellant as plaintiff filed a suit in theHigh Court of Akamkpa challenging it. The appellant in his suit claimed as follows ; A declaration that the plaintiff is the rightful person to be recognized, installed and issued with the certificate of recognition as the village head of Nsan…