Alhaji Abdulkarim Iyimoga & Ors V. Governor of Plateau State & Ors (1994)

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ORAH, J.C.A. 

The appellants/applicants by a motion on notice dated the 25th of February, 1994, filed on 1st March, 1994 pursuant to Section 16 Court of Appeal Act, 1976, Order 3 Rule 3(1) of the Court of Appeal Rules, 1981 and Section 33 of the 1979 Constitution, are praying the Honourable Court for the following:-

1. An order joining Alhaji Yahaya Ari Doma (also known as Alhaji Yahaya Ari Attah) as a Respondent in this appeal pending before this Honourable Court.
2. An order amending the Notice of Appeal filed on 29th October, 1993 against the judgment of Uloko C. J., dated 28/10/93 and all other processes filed in consequence thereof by adding the name Alhaji Yahaya Ari Doma as Respondent.

And for such further or other orders as the Honourable Court may deem fit to make in the circumstances.

The application is supported by a 7 (seven) paragraph affidavit sworn to by one Tunde Dania Esqr., a litigation clerk in the Chambers of Messrs Abdulahi Ibrahim & Company, Solicitors to the appellants of No. 27 Ali Akilu Road, Kaduna. The seven (7) Paragraphs affidavit is hereby set out in extenso as follows:-

1. That I am the litigation clerk in the Chambers of Messrs Abdulahi Ibrahim & Company Solicitors to the Appellants/Applicants.
2. That by virtue of my aforesaid position, I am conversant with the facts of this case.
3. That I have the authority of both my employers and the appellants to swear to this affidavit.
4. That I am informed by Mrs. T. Obot, counsel who handled this matter before the trial court of the following facts and I verily believe same to be true:-

(a) That Alhaji Yahaya Ari Doma testified as DW2 in the trial court in Suit No. PLD/J/206/92, PLD/J/211/92 and PLD/J/337/92 as consolidated.

(b) That the Judgment was entered in the lower court on 28/10/93 in favour of the 1st – 8th Respondents herein. A copy of the judgment of the said trial court has been shown to me and is annexed and marked Exhibit ‘A’.

(c) That the applicants on 29/10/93 filed an appeal against the said judgment of 28/10/93. A copy of the Notice of Appeal has been shown to me and is annexed hereto and marked Exhibit ‘B’.

5. That I have been informed by Alhaji Mohammed Rajiab Ogiri the 19th appellant/applicant and one of the kingmakers in Doma of the following facts and I verily believe same to be true:

(a) That following the said judgment of 28/10/93, Alhaji Yahaya Ari Doma (the party proposed to be joined herein) was purportedly selected as a candidate to fill the vacant Andoma stool by 4 out of 7 kingmakers on 30/10/93.

(b) That Alhaji Yahaya Ari Doma is also known as Alhaji Yahaya Ari Attah.

(c) That Alhaji Yahaya Ari Doma has not been installed as the Andoma of Doma and has not yet been presented with the Andoma staff and authority of office.

(d) That his installation and presentation of staff and instrument of office was scheduled for 27/11/93 but postponed for a later date due to the dissolution of the State Executive Council on or about 18th November, 1993.

(e) That a new State Administrator has now been appointed for all the States in the Federation including Plateau State.

(f) That the last Andoma of Doma, Alhaji Aliyu Addua Ode Onawo passed away on 13th June, 1991 and since then the stool of the Andoma of Doma has been vacant.

6. That I have further been informed by Mrs. T. Obot and I verily believe her as follows:-

(a) That following the said appeal filed on 29/10/93, the appellants/applicants filed an application in this Honourable Court dated 15/11/93 praying the Court amongst other things for an order of interlocutory injunction against the respondents including Alhaji Yahaya Ari Doma, the said application is hereby incorporated as part of this affidavit.