DA KABIRI KIM (DU DISTRICT HEAD) BITRUS SHA DUNG (FOR THEMSELVES AND ON BEHALFOF THE PEOPLE OFDU DISTRICT) V. HON. JUSTICE LUKE EMEFO ALHAJI IBRAHIM SHETU DSP JONATHAN ATTAH ATTORNEY GENERAL AND COMMISSIONER FOR JUSTICE PLATEAU STATE GOVERNMENT A. K. IBI UJAH JAURO MAGAJI (DISTRICT HEAD OF GWONG FOR HIMSELF AND ON BEHALF OF THE PEOPLE OF GWONG DISTRICT)

OBADINA, JCA (Delivering the Lead Judgment): This is an appealagainst the judgment of the High Court of Plateau State sitting in Jos, presided by Suleiman Galadima J, (as he then was). The judgment was dated 16th April, 1996. The appellants were the plaintiffs, while the respondents were the defendants.

In their statement of claim at the lower court, the appellants, as plaintiffs, claimed in paragraph 11 of the statement of claim as follows:- “Wherefore the plaintiffs claim against the defendants jointly and severally:-

A declaration that the power conferred on the Military Governor of Plateau State by section 2(1) of the Commission of Inquiry Law, Cap. 25, Laws of Northern

Nigeria, applicable in Plateau State of Nigeria, did not entitle the Military Governor to Commission the 1st to 3rd and 6th defendants to inquire into the matters set out in the terms of reference and to decide or determine ownership of Kabong Ward, Tudun Wada, Dong Wards and Kabong, Dong Wards.

A declaration that th…