ACHEGBULU AKU V. INALEGWU ANYEBE & ORS

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The respondents herein were the plaintiffs at the court below. The appellant was one of the four defendants sued by the respondents in the High Court of Benue State holden at Ankpa. The respondents for themselves and on behalf of the members of the Adoga Ruling House were claiming for the following:-

"(i) A declaration by the court that by Icheke Custom only the Adoga Ruling family of Icheke Clan can, to the exclusion of any other ruling family, present the candidate to fill the vacant stool of Gago (village head) in succession to Yusufu Akuh and in particular that the Itodo Ruling family are not yet eligible by the strict order of rotation, to present, select or offer a candidate (including 1st defendant) to fill the vacant stool of Icheke Clan Head in succession to Yusufu Akuh.

(ia) A declaration that the 1st plaintiff is the only person appointed and or selected for the vacant stool of Gago (Icheke Village Head) and …