Alh. Mohammed Sanusi & Ors. V. Alh. Mohammed Bello Gidiya & Ors. (2006)

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IBRAHIM TANKO MUHAMMAD, J.C.A

This is an appeal against the decision of the Niger Stale High Court delivered ,on 27th May 2002 in respect of the stool of the ‘SARKIN BAUCHI’ otherwise referred to as the District Head of Rijau in Rijau Local Government Area of Niger State.

The appellants being dissatisfied with the said decision have appealed to this Court vide a Notice of Appeal filed on 01/07/02 consisting of 8 grounds of appeal. On the 05/02/2003 the appellants by way of Motion on Notice applied for an order for leave to amend the said Notice of Appeal. This order was granted by this court on the said 05/02/2003. The amended Notice of Appeal filed by the Appellant contained 6 grounds of appeal.

This appeal was heard on the 19/01/06. Both parties filed, exchanged and adopted their respective briefs of argument.

The facts of the case were that Alhaji Muhammad Kuki Rijau was until the 19th day of February, 2001 when he died, the District head of Rijau, Rijau Local Government Area of Niger State otherwise known or addressed as ‘Sarkin Bauchi Rijau’. The said Alhaji Muhammad Kuki Rijau was selected to the throne some time in 1971.

The 1st Appellant and the 2nd Respondent were contestants to the vacant stool of Sarkin Bauchi. The 2nd and 3rd Appellants are the Magajin Gari and Galadima of Rijau while the 2nd Respondent is the Sarkin Sudan of Kontogora and the Chairman Kontogora Emirate Council. The 3rd, 4th, 5th, and 6th Respondents are the village Heads of Ratagiwa, Zente, Kirho and Uddu respectively.

On the death of the late District Head of Rijau, an Electoral College was set up by the Kontogora Emirate Council. The Electoral College consists of seven members namely (1) Magajin Gari of Rijau (2) Galadima (3) The Imam of Rijau (4) Village Head of Ratayagiwa (5) Village Head of Uddu (6) Village Head of Zante and (7) Village Head of Kirho.

The 11th day of July 2001 was fixed for the selection of the New District Head of Rijau, but the selection could not hold because the Imam and some other members of the Electoral College were absent. The 200 Respondent then warned that at the next date to be fixed, if any member of the committee absents himself the election would take place.

On the next date 21st July 2001, four out of the seven members were in attendance, and the four members voted the 1st Respondent as the New Sarkin Bauchi (District Head) of Rijau.

The appointment of the 1st Respondent as the new District Head of Rijau was approved by the Ministry of Local Government.

It was the contention of the Appellants at the lower court that:-

a. There are five Traditional Kingmakers for the selection of the District Head of Rijau.

b. That the Village Heads are not Traditional Kingmakers and ought not be part of the ad-hoc Electoral College.

c. That the two of the four surviving traditional kingmakers were not invited to the selection exercise.