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CHIEF ABAH OGBODA V. DANIEL ADULUGBA

(1971) JELR 41266 (SC)

Supreme Court  •  SC.31/1970  •  12 Feb 1971  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; CHARLES OLUSOJI MADARIKAN JSC; UDO UDOMA JSC;

Appearances
Chief Williams For Appellant Mr. Ogbe S.C.;Mr. Uloko For Respondent

Judgement

COKER, J.S.C. (Delivering the Judgment of the Court): The present appellant was the plaintiff in an action instituted by him in the High Court, Markurdi, Benue-Pleateau State, and in which his claims as endorsed on his writ were as follows:-

"1. A DECLARATION that the unlawful appointment of the 1st defendant by the 2nd defendant as the new district head of Edumoga, in Idoma Division, is NULL and VOID, and that the plaintiff and his people are the rightful persons to nominate for appointment as the NEW district head a fit and proper person, or persons.

2. AN ORDER directing the 2nd defendant to appoint either of th TWO eligible candidates, to wit, (1) Mr. John Idu and (2) Mr. Christopher Abakpa, as the NEW district head of Edumoga, with effect from the date of the day of the purported appointment of the 1st defendant.

3. A REFUND of the sum of about 250pounds unlawfully paid to, and received by the 1st defendant, as personal emolument.

4. AN INJUNCTION restraining (1) The 1st defendan…

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