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(2006) JELR 47374 (SC)

Supreme Court 9 Jun 2006 Nigeria
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Suit Number:SC.373/2001
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Alhaji Abdulahi Ibrahim, SAN (with him, P. A. Akubo, SAN;Mrs. O.O. Soyebo; James Ocholi and Rotimi Oguneso) For Appellant J. A. Achimugu, Esq. (with him, Omuchi) - for the 1st and 2nd 3rd, 4th, 5th and 6th Respondents - unrepresented For Respondent

OGUNTADE, J.S.C. (Delivering the Leading Judgment): The appellants were the plaintiffs at the High Court of Dekina, Kogi State, where as the representatives of Aboko and Oche ruling houses, they issued a writ of summons against the respondents as the defendants claiming the following reliefs:

1. A declaration that the purported nominations, appointment and/or recognitions of the Ist and 2nd defendants as Madaki (Idaka) Ajiyolo and Madaki (Okoyi) Ajiyolo respectively in the said Ajiyolo, Aboko-Oche village/community by the 3rd and 4th defendants is contrary to and a violation of the established Igala traditional (sic) and culture obtainable in the said village/ community as well as a breach of the Kogi State Government's guidelines on the appointments of village/community heads (Madakis) and is therefore null and void and of no effect whatsoever.

2. A declaration that only qualified members from the two ruling houses of Aboko and Oche lineages are qualified to be nominated and/or appo…

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