Alhaji Awwal Ibrahim V. Galadima Shuaibu Barde & Ors (1996)

LAWGLOBAL HUB Lead Judgment Report

UWAIS, C.J.N. 

The appellant in this case was the 7th defendant in the High Court. The 5th, 6th, 7th, 8th, 9th and 10th respondents were respectively the 1st, 2nd, 3rd, 4th, 5th and 6th defendants in the High Court. The plaintiffs were the 1st, 2nd, 3rd and 4th respondents herein. The plaintiffs’ claims against the defendants were as follows:-

“(1) A declaration that the purported rejection of the nomination and or appointment of Bashir Suleiman Barau as the new Emir of Suleja by the 1st defendant as being against the tradition and custom of the people of Suleja is illegal ultra vires the first defendant, unconstitutional and void.

(2) A declaration that the reconstitution of Suleja Emirate Council by the 1st defendant is illegal, void and of no effect their (sic) being a validly constituted Council of Kingmakers in accordance with the tradition and custom of the people of Suleja.

(3) A declaration that 4th, 5th, and 6th defendants are not traditional kingmakers and therefore not competent to perform the function of the Kingmakers for Suleja Emirate Council.

(4) A declaration that the 1st, 2nd, 3rd, 4th, 5th plaintiffs are the Kingmakers for Suleja and therefore the only persons allowed by law, the tradition and custom of the people of Suleja to carry out such functions.

(5) A declaration that Bashir Suleiman Barau is the validly nominated successor to the throne of Emir of Suleja.

(6) A declaration that the purported Order of the first defendant as reflected by the Appointment and Deposition of Chiefs (Appointment of Emir of Suleja) Order, 1993 which was given a retroactive effect is unconstitutional, illegal, null and void.

(7) A declaration that the purported nomination of the 7th defendant as the Emir of Suleja by the 4th, 5th, and 6th defendants and the subsequent approval by the 1st defendant is ultra vires, illegal, null and void and contrary to the established tradition.”

The plaintiffs called six witnesses while the 1st to 6th defendants called three witnesses (D.W.1, D.W.2 and D.W.3) and the 7th defendant called only D.W.4 as his witness.

The facts of the case which are not in dispute may be narrated as follows. Alhaji Ibrahim Dodo Musa was the Emir of Suleja in 1993. He died on the 5th day of July, 1993. The then Chairman of Suleja Local Government, Alhaji Shuaibu Mohammed Liman Iya (D.W.3) wrote a letter (Exhibit 3) to the then Governor of Niger State on the selection and appoinunent of a new Emir of Suleja. The letter reads:-

“Ref: No. SLG/SEC/71/Vol.1/301

Local Government Secretariat,

Suleja.