(1997) JELR 45377 (CA)    

Court of Appeal  ·  CA/J/59/95 ·  6 May 1997 ·  Nigeria
Other Citations
Gemanam v. Nyoughur (1998) 2 NWLR (Pt.536)
Gemanam v. Nyoughur (1998) 2 NWLR (Pt. 536) 141
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
special adviser
chieftaincy matters
iboyema kortyo
native law
amended statement of claim
district head of mbaawa
4th respondents
sole candidate
trial court
district headship of mbaawa
learned trial judge
office of district head
4th respondent
6th respondent
effect of exhibit
2nd-6th respondents
3rd defendant
4th defendants
6th defendant
appellant hails
basis of this legal advice
briefs of argument
conclusion of the trial
constituent kindred of mbakombol
district head of their choice
election exercise
evidence of the pw3
ibonyama kortyo
kingmakers of mbaawa district
leading judgment
learned trial judge onum j
legal advice
local government area of benue state
mbagwa district
new mbaawa district
office of the head of mbaawa district
people of the 1st respondent
rival claims of the appellant
rules of this court
said iboyema kortyo
selection of iboyema kortyo
special adviser of chieftaincy matter
sub-kindred units of mbaikyongo
tiv native law
usurpation of the powers of the kingmakers

EDOZIE, J.C.A. (Delivering the Leading Judgment): This appeal arose from the rival claims of the appellant and the 1st respondent to the office of the head of Mbaawa District which was newly created from the Mbagwa District in Ushongo Local Government Area of Benue State. The new Mbaawa District aforesaid has two constituent kindred of Mbakombol and Mbangwa. The former Mbakombol is composed of two sub-kindred units of Mbaikyongo and Mbaikyo. The appellant hails from Mbaikyongo while the 1st respondent belongs to Mbaikyo.

In an election exercise conducted on 31/10/91 (though disputed) to select the District head of Mbaawa, the contestants were the appellant and Ibonyama Kortyo (now deceased) both from the same sub-kindred of Mbaikyongo. At that election, majority of the king makers voted for Iboyema Kortyo. Then followed a spate of petitions from members of the community against the selection of Iboyema Kortyo on the ground that he was ex-convict and had still pending criminal charges …

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