Alhaji Chief Abu Momodu & Ors. V. His Highness Alhaji A. G. Momoh & Anor (1991)

LawGlobal-Hub Lead Judgment Report

L. UWAIS, J.S.C. 

The appellants were the plaintiffs in the High Court of Bendel State, sitting at Auchi. They instituted an action against the respondents, as defendants, claiming as follows, as per paragraph 16 of their amended Statement of Claim-

“16. Whereof the plaintiffs claim against the defendants the following reliefs, that is to say-

(1) A Declaration that in accordance with the Iyekhei/Auchi Customary Law and Practice the first defendant, as the Traditional Ruler of the entire Auchi people, cannot solely on his volition depose, remove or suspend from office, the 1st plaintiff as the Daudu of Iyekhei village of Auchi without the combined recommendation, concurrence, approval or sanction of the Eldest man in Iyekhei village acting in conjunction or collaboration with each of the eldest man in the seven kindreds that constitute Iyekhei village of Auchi.

(2) A Declaration that the purported removal on the 6th day of November, 1983 of the 1st plaintiff as the Daudu of Iyekhei by the first defendant is contrary to the Customary Law and Tradition of Iyekhei/Auchi and contrary to the Traditional Rulers and Chiefs Law, 1979 and therefore null and void and of no effect whatsoever.

(3) A Declaration that the appointment of the 2nd defendant as the Daudu of Iyekhei by the first defendant is wrongful in law and contrary to the provisions and tenets of the Iyekhei/Auchi Customary Law and Tradition and of no effect, null and void.

(4) A perpetual injunction restraining the 2nd defendant from performing the functions and duties of the Daudu of Iyekhei.

(5) A perpetual injunction restraining the first defendant from appointing any other person howsoever called to perform any of the functions of the first plaintiff which is contrary to the Customary Law and Tradition of Iyekhei/Auchi.”

In paragraphs 1, 4, 5, 12 and 13 of the amended statement of claim, the following averments were made –

“1.(a) The first plaintiff is a native of Iyekhei village, Auchi, and he is the Daudu (Village head) of Iyekhei Village.

(b) The second plaintiff is the eldest man and the father of Iyekhei village. He is also the Head of Afetetsemhe Kindred of Iyekhei village.

(c) The third plaintiff is acknowledged as the most knowledgeable and influential member of Iyekhei village and he is also the Tomho of Iyekhei.

(d) The fourth plaintiff is the eldest man in Afosigwe Kindred and the Head of the Kindred.

(e) The fifth plaintiff is the third eldest man in Afoge Kindred, while one Mallam Umoru Igwemi is the eldest man in Afage Kindred he being the elder brother of the second defendant who is also the second eldest man in the Kindred.