MALLAM v MAIRIGA

(1991) JELR 80445 (CA)    
Court of Appeal  ·  CA/K/164/90 ·  18 Feb 1991 ·  Nigeria
 · 
Other Citations
(1991) 5 NWLR (pt.189) 114
CORAM
SANI SALITH AIKAWA, J.C.A. (Presided) JOSEPH DIEKOLA OGUNDERE, J.C.A. (Read the Leading Judgment) MURITALA AREMU OKUNOLA, J.C.A.

OGUNDERE, J.C.A. (Delivering the Leading Judgment): The plaintiffs in the court below sought the following remedies:-

"(a)The Court's declaration that those who were instrumental to the alleged choice and selection of the first defendant as the village head of Tunga Mallam have no locus standi to do so as they are not the traditional kingmakers of Tunga Mallam.

(b)The Court's declaration to the effect that the plaintiffs are the rightful traditional kingmakers of Tunga Mallam and saddled with the Sole Authority to choose or select the village head of Tunga Mallam.

(c)The Court's declaration that the purported selection and choice of the first defendant by strangers who are not Gwaris violated the custom, practice and norms of mode of selecting the village head of Tunga Mallam and that the selection is illegal, mala fide, void and of no effect whatsoever.

(d)The Court's order to declare the plaintiffs as the rightful and, legitimate traditional customary kingmakers of Tunga Mallam to choos…

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