DUKE
V.
GOVERNMENT OF CROSS RIVER STATE & ORS

(2013) JELR 50021 (SC)    

Supreme Court  ·  SC.292/2008 ·  1 Feb 2013 ·  Nigeria
CORAM
WALTER NKANU SAMUEL ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Core Terms Beta
section
governor
law
fair hearing
village head
appeal
good government
2nd respondent
respondents
learned justices of the court of appeal
interest of peace
traditional rulers law
state governor
ample opportunity
clan head of edem odo clan
learned trial judge
traditional rulers law cap
village head of ikot edem odo village
office of the 3rd respondent
recognition of the plaintiff
3rd respondent
address of the counsel
appeal no.cac
appeal of the appellant
case of the queen
chieftaincy law of imo state no.22
conclusion of the hearing
cross river state high court
decision of the high court
following reliefs
fundamental right
grounds of notice of appeal
high court
implication of the said section
judgment of the court of appeal
law of cross river state
leading judgment
light of the above learned counsel
obvious reason
official recognition of the appellant
power of withdrawal of official recognition
suit no. hc
turn accords
valid exercise of the discretion
whole provisions of the law
withdrawal of the certificate of recognition

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): The appeal is against the Judgment of the Court of Appeal, Calabar Division in appeal No.CAC/142/07 delivered on 3rd July, 2008 in which it dismissed the appeal of the Appellant against the judgment of the High Court of Cross River State at Calabar given in suit No. HC/2/2006 on 7th May, 2007.

The facts are that on 6th January 2006, the Appellant as plaintiff instituted an action in the Cross River State High Court at Calabar against the Respondents as Defendants, claiming the following reliefs:

"(i). A DECLARATION that the letter reference number DDCA/CRS/TC/10/S.11/438 dated 11th October, 2005 by which the Plaintiff's recognition as both village Head of Ikot Edem Odo village and clan Head of Ikot Ede Odo village and Clan Head of Edem Odo Clan was purportedly withdrawn is invalid and unlawful.

(ii). A DECLARATION that the purported de-recognition of the plaintiff as the village Head of Ikot Edem Odo village and Clan Head of…

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