Alhaji Umaru Sanda Ndayako Vs Alhaji Haliru Dantoro & Ors (2004)

LAWGLOBAL HUB Lead Judgment Report

D.O. EDOZIE, JSC.

This appeal arose from a chieftaincy tussle over the succession to the stool of the Emir of Borgu in Borgu Local Government Area of Niger State which stool became vacant following the demise on 3rd February 2000 of the last incumbent by name Alhaji Musa Mohammed Kigero III. There were many contestants for the vacant stool but the principal candidates are Alhaji Haliru Dantoro a former Senator who is the 1st Respondent and Isiyaku Musa Jikantoro, Commissioner for Lands and Survey, Niger State Government, the 1st Appellant in these proceedings.

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Arrangement to fill the vacant stool was initiated by a letter dated 7th February 2000 (Exhibit NB/2) written by the Commissioner for Local Government (4th Appellant) at the instance of the Governor of Niger State (3rd Appellant) directing the Chairman of Borgu Local Government to set in motion within 48 hours from receipt of the letter the machinery for the selection of a successor to the Emir. At the material time, there were three surviving kingmakers to, wit, the 5th Appellant (deceased), 6th and 7th respondents, out of a total of five kingmakers two of whom had died. In apparent compliance with the directive in the letter Exhibit NB/2, a meeting of the aforesaid surviving kingmakers was convened on 9th February 2000 at which meeting Alhaji Haliru Dantoro the 1st Respondent herein was unanimously selected by the three kingmakers, in a ceremony that was witnessed by the Chairman Borgu Local Government, Commissioner for Local Government and Chieftaincy Affairs (4th Appellant) among others.

However, for inexplicable reason, the Governor of Niger State did not give approval to the selection of the 1st Respondent as the new Emir. Rather, the Governor of Niger State (3rd Appellant) pursuant to the Chiefs (Appointment and Deposition) Law Cap 19, Laws of Niger State, 1989 made an Order dated 10th day of February, 2000 titled “The Appointment and Deposition of Chiefs (Appointment of the Emir of Borgu) Order 2000” (Exh. NB/25/6) whereby he reconstituted the council of Borgu kingmakers by the addition of 6th and 7th Appellants as kingmakers to replace the two deceased ones. The Commissioner for Local Government (4th Appellant) then directed that a second selection exercise be conducted with the three surviving and the two additional kingmakers participating in the exercise, which was slated to take place on Saturday 12th February 2000. Angered by this development, the 1st to 5th Respondents herein, went to the Niger State High court to apply for and were granted an order of ex parte injunction (Exhibit NB/1) on 11th February 2000 by Auta J. restraining the five kingmakers, that is, the 5th, 6th, 7th Appellants and 6th and 7th Respondents from attending the meeting of 12th February 2000. Notwithstanding the said ex parte order (Exhibit NB/1), the meeting took place as scheduled and at the end of the second selection exercise, the 1st Appellant Isiyaku Musa Jikantoro was alleged to have emerged as the successful candidate. Those were in outline the background facts culminating in the suit by the 1st to 5th Respondents as Plaintiffs against the Appellant as Defendants. In their 42 paragraph statement of claim, they averred facts as substantially hereinbefore narrated claiming in paragraph 42 thereof reliefs formulated thus:-

“42 WHEREOF the plaintiffs claim against the defendants jointly and or severally as follows:-

(i) A DECLARATION that the 1st plaintiff has been duly and properly selected as the Emir of Borgu by the Traditional Kingmakers of Borgu in accordance with Borgu native law, custom and tradition on Wednesday, 9th February, 2000

(ii) A DECLARATION that the Emir of Borgu stool is a traditional institution rooted in the Borgu people’s customs and that the stool cannot be awarded to any Prince of Borgu as a political patronage by any Chief Executive of State, particularly the 3rd defendant.

(iii) A DECLARATION that the 3rd defendant has no power or right to constitute an Electoral College including the 7th and 9th defendants for the people of Borgu in order to ensure the ascendance of his own candidate (1st defendant) to the throne of Emir of Borgu.

(iv) A DECLARATION that the purported Order made and signed by the 3rd defendant on 10th February, 2000 amending the Chiefs (Appointment and Deposition) Law Cap. 19 Laws of Niger State 1989 is irregular, illegal, unconstitutional, null and void and of no effect whatsoever because:-

(a) The purported Order was made pursuant to a non-existing Law, to wit, Section 3(1)(A) of the Chiefs (Appointment and Deposition) (Amendment) Law 1997.

(b) The purported Order (though styled as an Order) effected substantial amendments to the Chiefs (Appointment and Deposition) Law of Niger State without such amendments passing through the Niger State House of Assembly.

(c) The 3rd defendant exceeded his jurisdiction and breached the Constitution of the Federal Republic of Nigeria 1999 by making or promulgating such an Order.

(d) The said Order changed, upturned and corrupted the tradition of Borgu people in relation to the filling of the stool of the Emir of Borgu.