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AKAAYAR GEMANAM V. TARKAA NYOUGHUR & ORS

(1997) JELR 45377 (CA)

Court of Appeal  •  CA/J/59/95  •  6 May 1997  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA;

Appearances
A. Angwah, Esq. For Appellant Asemekah, Esq. for the 1st RespondentT.M. Agyh -for 2nd - 6th Respondents. For Respondent

Judgement
<p>EDOZIE, J.C.A. (Delivering the Leading Judgment): This appeal arose from the rival claims of the appellant and the 1st respondent to the office of the head of Mbaawa District which was newly created from the Mbagwa District in Ushongo Local Government Area of Benue State. The new Mbaawa District aforesaid has two constituent kindred of Mbakombol and Mbangwa. The former Mbakombol is composed of two sub-kindred units of Mbaikyongo and Mbaikyo. The appellant hails from Mbaikyongo while the 1st respondent belongs to Mbaikyo.</p><p> In an election exercise conducted on 31/10/91 (though disputed) to select the District head of Mbaawa, the contestants were the appellant and Ibonyama Kortyo (now deceased) both from the same sub-kindred of Mbaikyongo. At that election, majority of the king makers voted for Iboyema Kortyo. Then followed a spate of petitions from members of the community against the selection of Iboyema Kortyo on the ground that he was ex-convict and had still pending criminal charges …</p>

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