Abenitus Vodawa Magomya & Ors. V. Attorney-general Of Adamawa State & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

NDUKWE-ANYANWU, J.C.A.

The 1st plaintiff/appellant is the Hama Dong. The 1st plaintiff/appellant and all the other plaintiffs/appellants sued the defendants/respondents for themselves and on behalf of the Dong Community. The plaintiffs/appellants claims are as follows: –

“(i) A declaration that the traditional method and/or procedure for the selection, appointment and/or election of a District Head for Dong District was not followed in the appointment of the 3rd defendant/respondent as the District Head of Dong District.

(ii) (In the alternative to 1 above) a declaration that there is no traditional method, procedure applicable in Dong District for the appointment, selection and/or election of the District Head of Dong District and therefore the Electoral College of the Village Heads of Dong District should have been set up to appoint the District Head of Dong District.

(iii) A declaration that the appointment of the 3rd defendant as the District Head of Dong District by the 2nd defendant through its officers, servants and/or agents is altogether unconstitutional, irregular, invalid, null and void and of no effect whatsoever for offending the provisions of The Adamawa State Creation of Districts Law, 1992 (as amended).

(iv) An injunction to restrain the 3rd defendant by himself and or his agents/servants or howsoever from parading himself or continuing to parade himself as the District Head of Dong District.”

Pleadings were exchanged and the suit proceeded to trial. The plaintiffs/appellants called a total of 5 prosecution witnesses and tendered 5 exhibits.

The facts of this case are as follows:

The Dong Community is in the Demsa Local Government Area of Adamawa State. The Dong Community was under Batta District which formed one of the five Districts under Numan Division.

The Dong Community was headed by a leader called Hama Dong. The Hama Dong was always selected by a body of king makers called Kabai Dong. A Hama Dong was selected and presented to the Hama Batta who then approved for coronation. This system of selection showed that the Hama Dong was subordinate to the Hama Batta.

This situation remained until the creation of more districts. The Dong District was one of those created in 1992. The created Dong District comprised of Dong Village Area Lawaru and Bolon village Areas. These three villages had their own heads and under the control of Hama Batta the former District Head. Dong Village Head is known as Hama Dong. Lawaru Village Head is known as Ha Lawaru. The Village Head of Bolon is known as Nabali.

These three villages make up the Dong District which were all subordinate to the Hama Batta.

It would be gleaned from the testimonies of the witnesses on both sides that the Hama Dong was appointed after selection of the Kabai Dong. On the contrary the heads of both Lawaru and Bolon were selected and appointed by the Hawa Batta. It is important to note the difference in the selection of the village head of Dong and the other two Bolon and Lawaru, village heads.

The Adamawa State Creation of Districts Law, 1992 prescribes two modes of selection for the appointment of District Head. See section 7 of the Adamawa State Creation of Districts Law, 1992 (as amended).