Mallam Hamidu Musa & Ors Vs Alhaji Yahaya Kefas Yermia & Anor (1997)

LAWGLOBAL HUB Lead Judgment Report

S. U. ONU, J.S.C.

The appellants herein, were the defendants at the High Court of Gongola (now Adamawa) State presided over by Buba Ardo, Chief Judge, before whom the respondents as plaintiffs claimed the following reliefs:-

“(1) A declaration that the selection and appointment of the 1st defendant as the Chief of Kumbo is null and void.

(2) A declaration that the said selection and appointment of the 1st defendant as the Chief Kumbo was made in breach of the Kumbo Native Laws and Custom, Tradition and procedure of the appointment and/or selection of the new Chief of Kumbo.

(3) A declaration that ascendancy to the throne of Kumbo is based on patrilineage of the two ruling clans of Imba-Nabu and Imba-Nawha of Kumbo.

(4) A declaration that the 2nd defendant as the Uhwesi of Kumbo RITUAL Priest has no traditional power to select the 1st defendant as Chief of Kumbo and that his selection of the 1st defendant as the Chief of Kumbo is null and void and of no effect.

(5) An injunction restraining the 2nd and 3rd defendants, their agents and/or privies from permitting, ordering and/or instructing the 1st defendant to perform the functions and/or act as the Chief of Kumbo.

(6) A declaration that the purported installation of the 1st defendant as the Chief of Kumbo on 27th December, 1985 was contrary to the Native Laws and Custom and Tradition of Kumbo and therefore null and void.

(7) An injunction restraining the 1st defendant from parading himself as the Chief of Kumbo and/or performing the functions of the Chief of Kumbo.

(8) An order of the Court directing the conducting of fresh selection of the Chief of Kumbo by the traditional kingmakers of Kumbo in accordance with the Kumbo Native Laws and Custom.”

Pleadings were ordered, filed and exchanged with the parties amending and further amending their pleadings before the case went to trial. After the evidence of both sides was heard, the learned Chief Judge in a reserved judgment dated 5th October, 1987 dismissed the respondents’ claim; consequent upon which the respondents appealed against the said judgment to the Court of Appeal, Jos Division (hereinafter referred to as the court below).

The court below after hearing the oral arguments of counsel for the parties founded on their briefs of argument, in what I consider as a well considered judgment dated 30th March, 1989 allowed the respondents’ appeal and in the exercise of its powers under section 16 of the Court of Appeal Act, Cap. 75 Laws of the Federation, 1990, granted all the reliefs sought by the respondents as per their writ of summons. The appellants have appealed to this court on a notice of appeal containing four grounds dated 2nd May, 1989 which by an amended notice dated 25th March, 1992,has been substituted with four fresh grounds.

I wish to pause here to briefly state the facts giving rise to this case as follows:

The respondents and the 1st appellant are descendants of the two ruling clans of Kumbo of Takum Local Government Council of Adamawa State, namely Imba Nabu and Imba-Nahwua, both of which contested for the vacant stool of Kumbo following the demise of the incumbent chief, late Chief Mallam Zorto. It is the Native Law and Custom of Kumbo that upon the death of the incumbent Chief the ruling houses send the names of their nominees to the four kingmakers who meet to select one candidate for the vacant stool. The Chairman of the kingmakers is Ikimisore; and when the kingmakers have selected a candidate, they hand him over to the Ikimisore who in turn hands him over to the Uhwesi for the Kumbo traditional rites. At all times relevant to this selection the 2nd defendant, Shikare Ukimore, was the Uhwesi.