DANTORO. V JIKANTORO

Issue:

This is a Chieftaincy tussle which arose at the High Court of Niger State holden at Suleja wherein the Plaintiffs now respondent in this appeal instituted an action claiming a declaration that the 1st plaintiff has been duly and properly selected as the Emir of Borgu by the Traditional Kingmakers of Borgu in accordance with Borgu native law, custom and tradition on Wednesday, 9th February, 2000 among others. In reaction to the claim, the 1st to 7th Appellants as Defendants in their statement of defence denied the claim impugning the selection of the 1st Respondent on the ground that it was contrary to their custom and confirming the appointment of the 1st Appellant as the new Emir. The 6th and 7th Respondents herein as the 6th and 8th Defendants in their joint statement of defence conceded to all the claims of the plaintiffs. There was also a Reply to the statement of defence of 1st to 7th Appellants filed by the 1st to 5th Respondents. After due trial at which four witnesses testified for the Respondents and two for the 1st to 7th Appellants, the learned trial Judge Ahmed Bima J, of the High Court, Suleja, meticulously reviewed the evidence before him and the submissions of counsel and in a reserved judgment delivered on 11th September, 2000 entered judgment for the Plaintiffs/Respondents. On appeal by the Appellants, that judgment was subsequently affirmed substantially in a unanimous decision of the Abuja Division of the Court of Appeal delivered on 26th April, 2002 (Coram Muntaka-Coomassie, Fabiyi, Oduyemi JJCA). Against that decision, the Appellants have now approached the Supreme Court with a number of complaints seeking a judgment in their favour.