Prince Haladu Yusuf & Ors V. Alh. Ahmed Al-makura & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED A. DANJUMA J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Nasarawa State High Court of Justice, sitting at Lafia Division in suit No. NSD/LF41/2000 delivered on the 31st March, 2009 wherein the Learned Judge dismissed the Appellants claims for want of proof and in the following words:

“On the whole, therefore, the Plaintiffs have failed to prove their claim as contained in paragraph 28(a), (b), (c) and (d) of their claim. It is therefore dismissed.”

In 1994, the Chieftaincy stool of Kwandere was vacant following the death of the Chief, Ribidi Osaba on the 18th of June, 1995. The 1st Respondent who was 1st Defendant at the trial court was elected or selected by the Traditional Selectors or King Makers of the 5 Ruling Houses as the Sarkin Kwandere Subsequently; the 1st Defendant/1st Respondent was turbaned as the Sarkin Kwandere and collected a Bufafalo Tail from Mankongiji, who was the custodian thereof in accordance with their custom. The Makongiji, however died in 1996.

This was the position of the Respondents. It was however the case of the Appellants as Plaintiffs that the Defendant/1st Respondent did not collect the Buffalo tail as required by custom and tradition of the Kwandere people from the Makongiji and was by that fact not properly appointed as the Sarkin Kwandere and could not enter into the performance of the office of the chief and make any appointment thereby. The Appellants as Plaintiffs also challenged the appointment of the 2nd Respondent as the Madaki of Kwandere on the ground that he was in addition to the incompetence of his appoint or i.e. 1st Respondent, also not from a female Royal House i.e. not a female Royalist to entitle him to such an appointment as made as the Madaki of Kwandara.

For the purpose of clarity, the Appellants had by an amended writ of Summons and an Amended Joint Statement of Claim in a representative capacity sued for themselves and the entire members of the Ngaji Royal House and Female Royalist of Kwandere claiming the reliefs contained in their Amended Joint Statement of Claim dated 8th April, 2005 as follows:

a) A declaration that the 1st Defendant cannot perform the functions of the Chief of Gwandere having failed or refused to undergo the gratifying rites attached to the said stool.

b) An injunction restraining him from performing any function or parading himself as the chief of Kwandere.

c) An injunction restraining the 2nd Defendant from performing the function of Madaki of Kwandere as he is not from the female line of the royal house of Kwandere.

d) An order nullifying all appointments purportedly made by the 1st Respondent not having been properly appointed and installed as the Chief of Kwandere.

To this amended Statement of Claim, the 1st and 2nd Respondents filed their respective Amended Statement of Defence by Motion dated 31st March, 2005 which was granted on 4th April, 2005, whilst the 3rd – 5th Defendant/Respondents filed their last amended Statement of Defence through a Motion dated 6th November, 2003 and filed on 7th November, 2003 which was granted on 1st April, 2004. The Appellant filed a Reply dated 8th April, 2005 to the 1st and 2nd Respondents’/Defendants’ Defence.

SUMMARY OF THE FACTS AT THE TRIAL

The Summary of the Case of the respective parties is as follows: –

While the Appellants/Plaintiffs as shown in their pleadings and oral evidence are that, following the selection of the 1st Respondent/Defendant as the Chief of Kwandere people of Nasarawa State, the 1st Respondent did not undergo the traditional rite of collecting the Buffalo tail from their Makungiji before entering into the performance of his duties as a Chief and that this fact voided his appointment or made it inchoate; so also the appointment of 2nd Defendant as a Madaki; who also suffered an additional disability or disqualification of not being from a Female Royal House.