MUSDAPHER, JCA.: (Delivering the Leading Judgment) In suit No. CHL/6/ 98, the plaintiffs, as the sons of Ebiraland in Kogi State, took this action against the 1st and 2nd Defendants, being the Military Administrator of Kogi State and the Attorney-General respectively; the 3rd - 11th defendants are the Kingmakers of Ebiraland; the 12th defendant is the President of the Council of Chiefs, Kogi State and the 13th defendant is the appointed Ohinoyi of Ebiraland. By paragraph 51 of the Statement of Claim, the plaintiffs claim jointly and or severally against the defendants as follows:-
A Declaration that the 13th defendant having not vied or applied for the stool of Ohinoyi of Ebiraland and the 3rd - 11th defendants having not recommended the 13th defendant to the 1st defendant for the post or office of Ohinoyi of Ebiraland, the purported appointment of the 13th Defendant by the 1st Defendant as the Ohinoyi of Ebiraland in his letter dated 2nd June, 1997 is illegal, null and void and of n…