Musa Nagogo Ibrahim Vs Mohammed Sarki Aliyu (2000)

LAWGLOBAL HUB Lead Judgment Report

U.A. KALGO, J.S.C. 

This is a chieftaincy dispute in respect of the stool of the Oriye Rindre of Wamba in the Wamba Local Government Area of Nassarawa State. In February 1991, when the action was filed in the Plateau State High Court, Wamba was under Akwanga Local Government Area of Plateau State,

The last incumbent of the traditional office of Oriye Rindre Alhaji Sulaimanu Muhammadu Kore, who has since died, was installed as a 2nd class chief on the 23rd of April, 1983. After his death, the then Plateau State Government promulgated a law titled “The Appointment And Deposition of Chiefs (Appointment of Oriye Rindre) Order 1990″ which laid down the procedure to be followed in the selection or election of a new Oriye Rindre in the event of any vacancy. In Pursuance of the said law, an election was conducted on the 12th of February 1991, to fill the vacancy created by the death of Alhaji Sulaimanu Muhammadu Kore. In that election, the only candidates were the appellant and the respondent. At the election, the appellant polled 7 votes and the respondent polled only 3 votes and so the former was declared the winner and the new Oriye Rindre. Following the election, the appointment of the appellant as the Oriye Rindre was approved by the Plateau State Council of Chiefs and the Military Governor of Plateau State, on the 18th of April. 1991. The respondent was dissatisfied with the said election and immediately commenced proceedings in the Plateau State High Court challenging the same. In the action, the Plateau State Council of Chiefs and the Military Governor of Plateau State were the 2nd and 3rd respondents respectively.

By paragraph 19 of the statement of claim the respondent, as plaintiff, sought for the following reliefs:

”(a) A declaration that the 2nd and 3rd defendants by themselves, agents or servants violated orders 3,4 and 6 (1) of the (Appointment and the Deposition of Chiefs) the appointment of the Oriye Rindre Order 1990.

(b) A declaration that the first defendant not being a member of any of the three ruling houses of Wamba listed in Order 3 aforementioned is not qualified to contest for the office of the Oriye Rindre.

(c) A declaration that:

i) the votes of Ibrahim Umaru, Mohammed Lamu and Mallam Sambo Bichi and

ii) the votes of the other selectors who voted for first defendant are null and void for being in violation of orders 3, 4 and 6 of the Oriye Rindre order of 1990 respectively, and the native law and custom of the Rindre people.

(d) An order setting aside the selection and approval of the first defendant as Oriye Rindre.

(e) A declaration that the plaintiff being the only lawful candidate is the winner of the said selection in accordance with the Oriye Rindre order of 1990.

(f) A perpetual injunction restraining first defendant from parading or holding himself out as the Oriye Rindre and from performing any rites or duties attached to the office.

(g) A perpetual injunction restraining the second and third defendants their agents, servants, or privies from installing, recognising or dealing with the first defendant as the Oriye Rindre of Wamba

In the amended statement of Defence, the appellant, as 1st defendant, filed a counter-claim in which he also sought for the following reliefs: