Alhaji Lawan Bukar V. Kaka Ali & Ors (1997)

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OGUNTADE, J.C.A. 

The appellant was the plaintiff at the Monguno High Court of Borno State where he brought a suit against the respondents (as defendants) claiming the following reliefs:

“(a) A declaration that the purported appointment and installation of the first defendant as the Lawan of Yawa Kura on or about the 6th September, 1990 by the 2nd and 3rd defendant(s) was done in violation of the plaintiff’s right to fair hearing under Section 33(1) of the 1979 Constitution as amended and is therefore null and void and of no effect whatsoever.

ALTERNATIVELY

(b) A declaration that the purported appointment and installation of the first defendant as the Lawan of Yawa Kura on or about the 6th of September, 1990 by the second and third defendants (sic) irregular; contrary to both statute as well as the Native law and custom of the people of Yawa Kura and therefore null and void.

(c) An order setting aside the purported appointment of the first defendant as the Lawan of Yawa Kuru.

(d) An order directing the 2nd and 3rd defendants to organize an election between the plaintiff, the first defendant and Maina Abubakar to enable the eleven Bulamas of Yawa Kura amongst whom are:- Bulama Alhaji Kuliyu Kyari Kakari, Bulama Dala Kagu, Bulama Sherif, Bulama Kau, Bulama Aodam, Bulama Abba Kaka Bulagana Kura, Bulama Medi, Bulama Amardia, Bulama Audu Abadam elect between the contestants who should be the Lawan of Yawa Kura.”

The parties filed and exchanged pleadings after which the case was heard by Mshelia J. On 6/1/94, the trial Judge delivered his judgment wherein the plaintiff’s claims were dismissed. The plaintiff was aggrieved by the dismissal of his suit. He has brought this appeal on two grounds of appeal which read:

“1. The judgment is against the weight of evidence.

2. The learned trial Judge erred in law in relying on the English case of Russel v. Norfork (1949) 1 All E.R. 109, 118 in coming to the decision that there had not been an infringement in effect of section 33(1) of the 1979 constitution as amended in the appointment and installation of the 1st respondent as the Lawan of Yawa Kura by the 2nd and 3rd respondents and this error occasioned miscarriage of justice

PARTICULARS OF ERROR

(a) The principle of Natural justice as enunciated by English law, particularly, in the case under reference, is not in pari materia with section 33(1) of the Nigerian Constitution of 1979 as amended.

(b) The learned trial Judge made no reference whatever to the constituents of section 33(1) of our 1979 Constitution in the judgment, let alone discuss and apply its import vis-vis the facts of the case before the court.”

In the appellant’s brief filed before this court in accordance with the Rules of this court, the appellant identified only one issue as arising for determination thus:

“Whether there was a violation of the appellant’s Constitutional rights as guaranteed by section 33(1) and 2(a) of the 1979 Constitution as amended.”