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ALHAJI AWWAL IBRAHIM V. GALADIMA SHUAIBU BARDE & ORS.

(1996) JELR 35490 (SC)

Supreme Court  •  SC.74/1995  •  6 Dec 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Kehinde Sofola, SAN (with him, A.D. Sodangi, Y.M. Yunusa, M.J. Kallamu and A. Idris) For Appellant Chief A.T. Ajala, SAN. (with him, A.O. Okolo, I. Usman; S.I. Ameh and A.A. Ibrahim)A.Bello, Director of Public Prosecutions Niger State (with him, N.S. Wali, Director of Civil Litigation, Ministry of Justice Niger State and M. Abdul, Director of Legal Drafting Ministry of Justice, Niger State) For Respondent

Judgement

UWAIS, C.J.N. (Delivering the Leading Judgment): The appellant in this case was the 7th defendant in the High Court. The 5th, 6th, 7th, 8th, 9th and 10th respondents were respectively the 1st, 2nd, 3rd, 4th, 5th and 6th defendants in the High Court. The plaintiffs were the 1st, 2nd, 3rd and 4th respondents herein. The plaintiffs' claims against the defendants were as follows:-

"(1) A declaration that the purported rejection of the nomination and or appointment of Bashir Suleiman Barau as the new Emir of Suleja by the 1st defendant as being against the tradition and custom of the people of Suleja is illegal ultra vires the first defendant, unconstitutional and void.

(2) A declaration that the reconstitution of Suleja Emirate Council by the 1st defendant is illegal, void and of no effect their (sic) being a validly constituted Council of Kingmakers in accordance with the tradition and custom of the people of Suleja.

(3) A declaration that 4th, 5th, and 6th defendants are not traditional…

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