JOSEPH TINE TUR J.C.A (Delivering the Leading Judgment): The Appellants' brief was served on the Respondent but no brief of argument was filed. Again though served appellants, motion that the appeal be heard only on appellants, brief there was no response from the Respondent. On the 12th April, 2011 this Court granted the prayers of the appellants that this appeal be heard and determined on the appellants' brief alone.
The appellants' appeal is against the ruling delivered by His Lordship Hon. Justice Charles Ikpe sitting in the High Court of Justice, Ikoho, Akwa Ibom State on 16th June, 2010.
The facts before the lower court were as follows:
The appellants brought an application in the lower court seeking leave to apply for an order of mandamus to compel the Respondent council to recommend chief James Dan Ukpong (1st appellant) to the Commissioner for Local Government and Chieftaincy Affairs for appointment as the village Head of Ikot Uko Village, Nkari Clan in Ini Local Government A…