Madaki Akintse Angwe V. The President Of Federal Republic Of Nigeria & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court, Abuja Court, Abuja FHC/ABJ/CS/271/02 between KWEARUMBEK KWETARY AND ANOTHER V. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & 6 OTHERS delivered on the 18th day of February 2005.

Briefly the facts of the case are that the Appellant who was one of the Plaintiffs before the death of the other plaintiff instituted an action for themselves and on behalf of the Kwambai Community in Takum Local Government Area of Taraba State against the Respondents and they sought for the following reliefs:-

“(1) A Declaration that under the then unrepealed and unsuspended provisions of S. 7(2) (a) & (b) of the 1979 Constitution read together with relevant provisions of the constitution (suspension and Modification) Decree No. 107 of 1993, and the State (Creation and Transitional Provisions) Decree No. 36 of 1996, it was constitutionally mandatory for the then Federal Military Government of Nigeria and/or the then Taraba State Government in prescribing the area over which a Local Government council is to exercise authority to, inter-alia;

(a) Define such area as clearly as practicable;

(b) Ensure, to a reasonably justifiable extent that in defining such area, regard is paid to:

(i) Common interest of the people in the area;

(ii) Traditional association of the community; and

(iii) Administrative convenience including contiguity.

(2) A Declaration that the composition of the area constituting the area of authority of Ussa Local Government Council in Taraba State by the Federal Government as conveyed to the Military Administrator of Taraba State by Federal Government Circular with Reference GHQ/228/PM dated 12th March, 1997 compiled or conformed with the aforestated mandatory provisions of S. 7(2) of the 1979 Constitution in so far as or to the extent that it did not place Kwambai Local Community in Ussa Local Government Area but left them in Takum Local Government Area while a subsequent Circular also with Reference No. GHQ/228/PM dated 28th April, 1998 on the same subject matter did not in so far as or to the extent that it placed Kwambai Community in Ussa Local Government Area instead of in Takum Local Government Area and is therefore illegal, unconstitutional null and void and of no effect whatsoever for contravening the aforementioned mandatory provisions of Section 7(2) (a) & (b) of the 1979 Constitution as amended by the Constitution (Suspension and Modification) Decree No. 107 of 1993.

(3) A Declaration in the premises that KWAMBAI COMMUNITY is part of and belongs to TAKUM LOCAL GOVERNMENT AREA of Taraba State as conveyed by the aforementioned Circular of 12th March, 1997 and not Ussa Local Government Area of Taraba State as wrongly conveyed by the aforementioned Circular of 28th April, 1997.

(4) An Order in the foregoing premises, directing the Defendants, more particularly the 3rd-7th Defendants to allow and facilitate the exercise by the Plaintiff and the community they represent of their constitutional right to be registered to vote and be voted for in TAKUM Local Government Area of Taraba State instead of Ussa Local Government Area of Taraba State in all elections conducted or to be conducted by the 3rd and 7th Defendants into all elective offices in the Federal Republic of Nigeria.

(5) An Order directing the Defendants, their agents, functionaries, servants, officials or privies to henceforth regard and treat Kwambai Community as an integral part and parcel of Takum Local Government Area of Taraba State for all intends and purposes.

(6) An Injunction restraining the Defendants, all officers, servants, agents, privies and functionaries of the Defendants whosoever and howsoever otherwise from placing or treating the Kwambai Community in all respects and for all purposes of governance as if they belong to or are a part of Ussa Local Government Area of Taraba State instead of Takum Local Government Area of Taraba State where they validly and constitutionally belong.”