MR. ADO AGUELE V. HIS WORSHIP BASHIR ABDULLAHI SUFI

JAMILU YAMMAMA TUKUR, J.S.C. (Delivering the Lead Judgment):

INTRODUCTION 

This is an appeal against the judgment the Court of Appeal, Kaduna Division (the lower Court), delivered on 23rd May 2014 in Appeal No. CA/K/171/2010 wherein the lower Court affirmed the judgment of the Kano State High Court (the trial Court) delivered on 17th February 2010, in favour of the Respondent. 

The facts of the case, briefly stated, are that by an Originating Summons dated 18th June 2009, the appellant instituted an action before the Kano State High Court. In the said action, the appellant formulated, among other questions, whether the respondent, who was the Chief Magistrate, Court No. 2, Kano, could lawfully continue to act in that capacity having assumed office and sworn to the oath of office as the Chief Registrar of Kano State. 

On 17th February 2010, the trial Court delivered its judgment in favour of the Respondent. Dissatisfied with the said judgment, the Appellant appealed to the lower Court. Th…