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CHIEF EFA EWA HENSHAW v. TRADITIONAL RULERS COUNCIL, CALABAR SOUTH LOCAL GOVERNMENT AREA & ORS

(2018) JELR 41986 (CA)

Court of Appeal  •  CA/C/495/2014  •  2 Jul 2018  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar Judicial Division delivered on the 16th day of June, 2014 by OGAR J.

The Appellant and 4th Respondent contested for the then vacant position of Clan Head of Ewa Ekeng/Effiom Ewa Nsa Clan at an election moderated by the 2nd Respondent on 12/11/2010. Appellant felt the election was inconclusive as votes tied at 6 a-piece from the 12 available votes. He sent a petition to the 1st Respondent and was expecting a panel of inquiry but realized on 8/7/2011 that the 2nd Respondent had filed a report dated 14/11/2010 that the election exercise ended in favour of the 4th Respondent who was subsequently issued a certificate as the Clan Head.

Appellant filed an application for a writ of mandamus against the Respondent at the trial Court wherein he sought the following reliefs:

(1) An order compelling the 1st and 2nd respondents to s…

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