Ntufam James Bassey Atagbor V. Ntufam Ignatius Okon Ndifon Okpo & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the leading Judgment)

This is an appeal against the judgment of the High Court of Cross River State sitting in Akamkpa delivered on 31st March, 2010.

The appellant and the 1st Respondent are both from Nsan village in Akamkpa Local Government Area and were in a tussle for the position of village head of Nsan. The 1st Respondent was selected as village head. A letter to that effect was written and sent to the Akamkpa Traditional Rulers Council on 27th March, 2006 Exhibit F. The Akamkpa Traditional Council recognized the 1st Respondent vide the minutes of the meeting of page 22-27 of the Record of Appeal.

Being dissatisfied with the selection and recognition of the 1st Respondent, the Appellant as plaintiff filed a suit in the High Court of Akamkpa challenging it. The Appellant in his suit claimed as follows:

(a) A declaration that the plaintiff is the rightful person to be recognized installed and issued with the certificate of recognition as the Village Head of Nsan Village, Akamkpa Local Government Area.

(b) An order directing the 4th Defendant to issue certificate of recognition to the plaintiff as the Village Head of Nsan Village, Akamkpa Local Government Area.

(c) An order restraining the 2nd, 3rd and 4th Defendants from recognizing, installing and issuing certificate of Recognition to the 1st Defendant as Village Head of Nsan village.

(d) An order of perpetual injunction restraining the 1st Defendant from parading himself as the Village Head of Nsan Village, Akamkpa Local Government Area.

(e) General damages of N2m (Two Million Naira). (See page 3 of the record).

The suit was contested by the 1st Respondent. After a full trial, the trial judge delivered his considered judgment and refused all the claims of the Appellant.

Being dissatisfied again, the Appellant filed his notice and 5 grounds of appeal on 27th April, 2010. From the 5 grounds of appeal, the Appellant articulate 4 issues for determination couched thus:

4.1 Whether the learned trial judge was right in dismissing the evidence of the Plaintiff /appellant as to the custom and procedure of selecting him as Village Head of Nsan Village simply because the Plaintiff/Appellant did not call witnesses to corroborate the said evidence.

4.2 Whether the trial judge was right in placing an obligation on the Plaintiff /Appellant to prove the additional condition of being married with children to become a Village Head of Nsan Village, a condition being surplusage, and extraneous.

4.3 Whether from the totality of the evidence adduced at the lower court, the learned judge was right in rejecting the evidence of the Plaintiff/Appellant as to his selection as the Village Head of Nsan Village.