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LAWAN SANDA V. KUKAWA LOCAL GOVERNMENT & ANOR

(1991) JELR 43046 (SC)

Supreme Court  •  SC.122/1987  •  8 Mar 1991  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; PHILLIP NNAEMEKA-AGU JSC; ABUBAKAR BASHIR WALI JSC; EPHRAIM OMOROSE IBUKUN AKPATA JSC;

Appearances
Appellant absent and unrepresented. For Appellant L.B.J. Nggilari, Solicitor-General, Borno State Ministry of Justice - for the 1st Respondent.2nd Respondent absent and unrepresented. For Respondent

Judgement

A. B. WALI, JSC (Delivering the Leading Judgment): The only issue that arises for determination in this appeal is whether the Court of Appeal was right in holding that the appellant's action, having not been commenced within the period prescribed by Section 175 of the Local Government Law 1976 of Borno State, was statute barred. The appellant's claim in the Maiduguri High Court of Borno State was for-

"(a) A declaration that this purported termination from the service of the Kukawa Local Government as the Village Head of Gashagar from the 12th day of December, 1983 and the appointment and installation of the 2nd defendant as the Village Head of Gashagar is wrongful, unconstitutional and therefore null and void. And that he is entitled to continue in his office as the Village Head of Gashagar.

(b) An interim injunction restraining the first defendant from appointing anybody as the Village Head of Gashagar until the matter is determined.

(c) A payment of the sum of (N10,000.00) Ten thouโ€ฆ

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