(1976) JELR 44453 (SC)    

Supreme Court  ·  SC.157/75 ·  2 Jul 1976 ·  Nigeria
Other Citations
Attah v. The Elders of Isiroko (1976) 7 S.C. 13
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
local authority
native law
nature of quo warranto
district head of agila
head chief
high court
office of local authority
office of native authority
provisions of section
sacred duties
trial judge
virtue of section
adewuyi j.
civil proceedings
criminal procedure code of the state
facts of the case
inter alia
law of the state
local authority law of the state
m. bello
meeting of the chiefs
member of a native authority
nature of a writ of quo warranto
northern nigeria laws
numerous cases
office of a chief
office of the district head of agila
only ground of appeal of any substance
order of declaration
oturkpo division of the benue-plateau state
part of that area
person acts
provisions of the native authority law
purpose of sections
rites of the office
rites of the sacred office of the district head
such division
such servants
tax collector
trial court
view of the learned trial judge
village area

M. BELLO, J.S.C. (Delivering the Leading Judgment): The facts of the case, as found by the trial judge, were not in dispute. The Appellant was appointed as the District Head of Agila in the Oturkpo Division of the Benue-Plateau State by the Oturkpo Local Authority. The appointment was opposed by his people on the ground that he was not selected for the appointment by the traditional "Kingmakers" of the Disctrict. They had not selected him because he has some deformity in his leg which disqualified him under native law and custom for being suitable as a candidate.

The Respondents, who claim to be the elders of the ruling houses in the District, instituted this suit against the Appellant in the High Court, Makurdi, seeking an order of declaration that the appointment was contrary to native law and custom and an injunction restraining the Appellant from acting or otherwise holding himself out as the District Head of Agila and from performing the sacred duties and rites of the office.


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