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MALLAM HAMIDU MUSA & ORS. V. ALHAJI YAHAYA KEFAS YERIMA & ANOR.

(1997) JELR 47994 (SC)

Supreme Court  •  SC.6/1991  •  4 Jul 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC;

Judgement

S. U. ONU, J.S.C. (Delivering the Leading Judgment): The appellants herein, were the defendants at the High Court of Gongola (now Adamawa) State presided over by Buba Ardo, Chief Judge, before whom the respondents as plaintiffs claimed the following reliefs:-

"(1) A declaration that the selection and appointment of the 1st defendant as the Chief of Kumbo is null and void.

(2) A declaration that the said selection and appointment of the 1st defendant as the Chief Kumbo was made in breach of the Kumbo Native Laws and Custom, Tradition and procedure of the appointment and/or selection of the new Chief of Kumbo.

(3) A declaration that ascendancy to the throne of Kumbo is based on patrilineage of the two ruling clans of Imba-Nabu and Imba-Nawha of Kumbo.

(4) A declaration that the 2nd defendant as the Uhwesi of Kumbo RITUAL Priest has no traditional power to select the 1st defendant as Chief of Kumbo and that his selection of the 1st defendant as the Chief of Kumbo is null and void and of …

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