Peter Babale Kure V. The Kaduna State Local Government Service Commission & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OMAGE, J.C.A. (Delivering the Leading Judgment)

In the court below, in the Kafanchan High Court of Kaduna State, the plaintiff now the appellant sued the following;

(i) Kaduna State Local Government Service Board Commission.

(ii) His Royal Highness, the Kpom Ham,Mallam Danladi Gyet Maude.

(iii) The Jabba Traditional Council.

(iv) Alhaji Ibrahim Nok in suit No KDH/KAD/562/91. In the suit, the plaintiff Peter Babale Kure, claimed the following;

1(a) “The declaration that the plaintiff having been selected and or recommended as the district head of Nok Jaba Local Government by those entitled to select and or approve him for the said office is entitled to be approved by the 1st defendant, and to be turbaned and installed by the 2nd defendant as the head of Nok district in Jaba Local Government of Kaduna.

(ii) An order that the 1st, 2nd & 3rd defendants should appoint, turban and install the plaintiff as the district head of Nok District in Jaba Local Government of Kaduna State.

(iii) A perpetual injunction restraining the 1st, 2nd and 3rd defendants either by themselves, agents servants and/or privies or whosoever from appointing, turbanning, recognising or installing the 4th defendant as the district head.

(iv) A perpetual injunction restraining the 4th defendant, his agents, servants or privies from performing any of the duties, functions and obligations of district Head of Nok district or from enjoying any of the rights, privileges, use or benefits of the said office etc or in any manner holding out or parading himself as the district head of Nok district.

(v) A declaration that the 1st, 2nd and 3rd defendants abdicated their duties when they failed to appoint or approve the selection or appointment of the plaintiff as the district head of Nok District of Kaduna State.

(vi) A declaration that the purported appointment and or approval of the 4th defendant is ultra vires, illegal, null and void and of no effect and should be set aside etc.”

Pleadings were filed by the plaintiff and defendant it is only the 4th defendant, who filed a statement of defence. To further elucidate on the facts the following paragraphs of the statement of claim and of defence are necessary and they are stated herein where relevant. First the paragraphs of the statement of claim in paragraph

7. “On about the 8th of October, 1991, at the Chiefdom Hall Kwoi, an election was held between the defendant and the plaintiff for the purpose of selecting the new district head of Nok district.

(8). That after the election which was held in the presence of the members of the traditional council and the Assistant Divisional Police Officer (DPO) Kwoi and other members of the security and in which 8 village Heads were present the plaintiff scored 5 votes as against the 4th defendant, which two of the village heads abstained from voting.