Dajap Kutse & Ors. V. Attorney-general, Plateau State & Ors. (1999)

LAWGLOBAL HUB Lead Judgment Report

M. A. BELGORE, J.S.C.

This appeal came up as a result of actions consolidated for hearing from the High Court of Plateau State. The claims concern the Plateau State Local Government Legal Notice No.7 of 1978 on District Headship of Kerang in Mangu Traditional Council. The aforesaid Legal Notice No.7 modified the process of selecting the District Head of Kerang. The Notice provides, inter alia as follows:

“1. The District Head of Kerang shall continue to be chosen by the traditional selectors from any of the adult male families of Pulukum, Kohop, Guwen and Kohop Paug.

2. The traditional selectors shall be persons holding the following offices, namely:

(a) Madaki;

(b) Galadima;

(c) Sarkin Tsati;

(d) Baraya;

(ej Mishkahan Dikibin.”

The Notice was issued in accordance with section 72(3) (c) of Plateau State Local Government Edict 1976. The present appellants who were plaintiffs in the trial court and appellants in the Court of Appeal claimed as follows:

“A. An order nullifying the Plateau State Legal Notice No.7 of 1978 as promulgated on the basis of false and fraudulent information.

B. A declaration that the plaintiffs’ respective houses or collectively, Galadima house is one of the ruling houses in Kerang District and cannot be excluded from the ruling houses of Kerang in the selection of the District Head.

C. An order restraining the defendant, its servants, its agents or privies from preventing the plaintiffs from participating in the selection of the District Head of Kerang.”

After hearing all evidence, learned trial Judge found that in accordance with the law a committee was set up to investigate and make recommendation leading to Legal Notice No.7, now in issue. He found no substance in the plaintiffs’ suit and dismissed it accordingly. The Court of Appeal to which the plaintiffs appealed to, also dismissed the appeal by upholding the findings of the trial court. Thus the appeal to this court.

The Kerang town is the most prominent abode of the tribe generally referred to as Sura. It is at Kerang that the District Head resides, thus making it the headquarters of Sura District. Being dissatisfied with the decision of the Court of Appeal which affirmed the judgment of the trial court, the plaintiffs/appellants in their appeal to this court raised the following issues for determination: