ATTAH
V.
THE ELDERS OF OSIROKO & EFOFU CLANS IN AGILA DISTRICT
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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.
The…