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WAYO UBWA v. TYOWUA BASHI

(2007) JELR 41833 (CA)

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

Coram
RABIU DANLAMI MUHAMMAD JCA; KUMAI BAYANG AKAAHS JCA; AHMAD OLAREWAJU BELGORE JCA; JCA;

Judgement

BELGORE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court holden at Katsina Ala, contained in the judgment of Hon. E. Eko, J., delivered on the 27th day of 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 3rd day of 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 the 3rd day of 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 …

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