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WAYO UBWA V. TYOWUA BASHI

(2007) JELR 52806 (CA)

Court of Appeal  •  CA/J/12/95  •  9 Mar 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA (Presided) KUMAI BAYANG AKAAHS JCA AHMAD OLAREWAJU BELGORE JCA (Read the Lead Judgment)

Judgement

BELGORE JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Benue State High Court holden at Kastina Ala, contained in the judgment of Hon. E. Eko J, delivered on 27 July 1994. The dispute between the parties arose from the selection of a District Head for the newly created Usar District in Kwande Local Government Area of Benue State. The plaintiffs (now respondents) claimed that the 1st respondent was selected for the vacant stool on 3 June 1992, by five (5) votes to two (2) and one (1) abstention of the accredited kingmakers at the selection exercise conducted at the Local Government Secretariat, Adikpo and it was a conclusive selection exercise. The defendants on the other hand insisted that the exercise of 3 June 1992 was inconclusive and was disrupted by protests. (The 1st defendant shall hereinafter be referred to as the appellant.) They maintained that the only conclusive selection exercise was that of 8 July 1992 where the appellant was selected…

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