Augustus Wuyopondi Kimdey & Ors. V. Military Gov. Of Gongola State & Ors. (1988)

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G. KARIBI-WHYTE, J.S.C.

This appeal is against the judgment of the Court of Appeal Division, sitting in Jos delivered on the 8th December, 1986 by U. Abdullahi and Jacks JJ.C.A, Macaulay J .C.A. (dissenting). The Court of Appeal dismissed the appeal by the Appellants, who were also Appellants in the Court below, against the judgment of Buba Ardo C.J. Gongola State in the Yola High Court delivered on the 27th January. 1986. Appellants, who were Plaintiffs in the court of first instance, had brought an action against the Respondents’ who were defendants claiming as follows:-

“1. A declaration that the appointment installation and declaration of Alhaji Jibir Girema the 8th defendant herein as the Chief of Lunguda on or about the 17th of July, 1984 by the 1st-6th defendants is illegal, null and void.

2. A declaration that the purported installation and or appointment and declaration of the 8th defendant as the Chief of Lunguda was made in breach of Lunguda Native Law and Custom, tradition and the procedure of appointment and or selection of the Chief of Lunguda
3. An Injunction restraining the 1st-6th defendants from permitting, ordering or instructing the 8th defendant to perform the functions and or act or parade himself as the Chief of Lunguda, and hand over any property or properties of the Chief of Lunguda, in his possession to the 6th defendant.
4. A declaration that the Chief Makers of Lunguda Tribe can only select any of the following Bonsibe ruling clan Candidates submitted to the said Chief Makers by the 1st plaintiff in his capacity as Bonsibe ruling clan elder namely:

(i) Alhaji Umaru Sheji – 9th plaintiff

(ii) Alhaji Suleiman Jauro – 10th plaintiff

(iii) Mr. Wilfred Kimde – 1Ith plaintiff

(iv) Inspector Maidan Alkali – 12th plaintiff

An Order directing the 6th plaintiff and the Lunguda Traditional Council the 6th defendant to submit the names of the four candidates selected by the Bonsibe ruling clan namely:

(i) Alhaji Umaru Sheji – 9th plaintiff

(ii) Alhaji Suleiman Jauro – 10th plaintiff

(iii) Mr. Wilfred Kimde – 1Ith plaintiff; and

(iv) Inspector Maidan Alkali – 12th plaintiff

and confer with the Bilamas and Nakatebes (Traditional Chief Makers of the respective towns and villages of Lunguda land) and to select one of the said candidates as the next Chief of Lunguda.”

The trial learned Chief Judge dismissed all the claims of the Plaintiffs in their entirety. The appeal to the Court of Appeal was similarly dismissed on a majority decision – the court accepting the findings of fact of the learned trial Chief Judge. The appeal can be understood and the points raised better appreciated if the circumstances leading to this litigation are clearly out-lined.