Chief James Dan Ukpong & Ors V. The Traditional Rulers Council Ini Local Government Area (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR J.C.A (Delivering the Leading Judgment)

The Appellants’ brief was served on the Respondent but no brief of argument was filed. Again though served appellants, motion that the appeal be heard only on appellants, brief there was no response from the Respondent. On the 12th April, 2011 this Court granted the prayers of the appellants that this appeal be heard and determined on the appellants’ brief alone.

The appellants’ appeal is against the ruling delivered by His Lordship Hon. Justice Charles Ikpe sitting in the High Court of Justice, Ikoho, Akwa Ibom State on 16th June, 2010.

The facts before the lower court were as follows:

The appellants brought an application in the lower court seeking leave to apply for an order of mandamus to compel the Respondent council to recommend chief James Dan Ukpong (1st appellant) to the Commissioner for Local Government and Chieftaincy Affairs for appointment as the village Head of Ikot Uko Village, Nkari Clan in Ini Local Government Area of Akwa Ibom State. On the 23rd day of February, 2010 Honourable Justice Charles Ikpe refused the application in the following language:

“In the result, I find no basis for granting leave to the applicants to apply for an order of mandamus to compel the Respondent to do the very thing which an order of court in Suit No. HT/59/98 had ordered it not to do and which order is not shown to have either lapsed or is no longer operative.

The relief sought for by the applicants is unavailable and the application for leave is hereby refused.

And this shall be this Court’s Ruling.”

(See page 15 lines 8-14 of the printed record).

On the 15th day of March, 2010 the appellants’ learned counsel brought an ex-parte application

No. AKN/MISC.9/2010 praying for the following reliefs:

“(1) An order extending time to bring this application.

(2) An order relisting the suit No. HKN/MISC/87/2009 in which the application was refused and case removed from the cause list on the 23rd February, 2010.

(3) An order setting aside and varying the order/decision made in the suit above on the 23rd February, 2010.”