This is a chieftaincy dispute in respect of the stool of the Oriye Rindre of Wamba in the Wamba Local Government area of Nassarawa State. In February 1991, when the action was filed in the Plateau State High Court, Wamba was under Akwanga Local Government Area of Plateau State.
The last incumbent of the traditional office of Oriye Rindre Alhaji Sulaimanu Muhammadu Kore, who has since died, was installed as a 2nd class chief on the 23rd of April, 1983. After his death, the then Plateau State Government promulgated a law titled “The Appointment and Deposition of Chiefs (Appointment of Oriye Rindre) Order 1990” which laid down the procedure to be followed in the selection or election of a new Oriye Rindre in the event of any vacancy. In pursuance of the said law, an election was conducted on the 12th of February 1991, to fill the vacancy created by the death of Alhaji Sulaimanu Muhammadu Kore. In that election, the only candidate were the appellant polled 7 votes and the respondent polled only 3 votes and so the former was declared the winner and the new Oriye Rindre. Following the election, the appointment of the appellant as the Oriye Rindre was approved by the Plateau State Council of Chiefs and the Military Governor of Plateau State, on the 18th of April, 1991. The respondent was dissatisfied with the said election and immediately commenced proceedings in the Plateau State High Court challenging the same. In the action, the Plateau State Council of Chiefs and the Military Governor of Plateau State were the 2nd and 3rd respondents respectively.
By paragraph 19 of the statement of claim the respondent, as plaintiff, sought for the following reliefs:-
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(a)
A declaration that the 2nd and 3rd defendants by themselves, agents or servants violated Orders 3, 4 and 6 (1) of the Appointment and Deposition of Chiefs (appointment of Oriye Rindre) Order 1990.
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(b)
A declaration that the first defendant not being a member of any of the three ruling houses of Wamba listed in Order 3 aforementioned is not qualified to contest for the office of the Oriye Rindre.
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(c)
A declaration that:
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i.
the votes of Ibrahim Umaru, Mohammed Lamu and Mallam Sambo Bichi and
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ii.
the votes of the other selectors who voted for first defendant are null and void for being in violation of Orders 3,4, and 6 of the Oriye Rindre Order of 1990 respectively, and the native law and custom of the Rindre people.
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(d)
An order setting aside the selection and approval of the first defendant as Oriye Rindre
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(e)
A declaration that the plaintiff being the only lawful candidate is the winner of the said selection in accordance with the Oriye Rindre Order of 1990.
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(f)
A perpetual injunction restraining first defendant from parading or holding himself out as the Oriye Rindre and from performing any rites or duties attached to the office.
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(g)
A perpetual injunction restraining the second and third defendants their agents, servants, privies from installing, recognising or dealing with the first defendant as the Oriye Rindre of Wamba.
In the amended statement of defence, the appellant, as 1st defendant, filed a counter-claim in which he also sought for the following reliefs:-
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1.
Whereof the 1st defendant hereby prays the court for the following reliefs in view of the averments in the statement of defence of the 1st defendant.
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(a)
A declaration that the plaintiff’s participations as a candidate for selection to the traditional stool of the Oriye Rindre which took place on the 12/2/91 was null and void as he is a member of the Mawu Lube family which is not one of the Ruling Houses of Wamba and which has no relationship with any of them whatsoever.
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(b)
Perpetual injunction restraining the plaintiff, his ascendants how high soever and his descendants how low so ever from parading themselves or their agents as members of Mawu Misa Ruling House and participating as candidates for selection to the office of the Oriye Rindre of Wamba.
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(c)
A declaration that the 3 votes cast for the plaintiff on 12/2/91 in the selection of the Oriye Rindre were null and void having been cast for an incompetent candidate by Rindre Native law and Custom.
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(d)
A declaration that the 1st defendant being the only candidate put forward by any of the three Ruling Houses and the only competent candidate that was nominated for the stool of the Oriye Rindre on 12/2/91, was selected as the Oriye Rindre with no opposition.
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(2)
A declaration that the 1st defendant being a candidate put forward by the Mawu Misa Ruling Houses of Wamba and the competent candidate that was validly nominated for the stool of the Oriye Rindre in the selection that took place on 12/2/91 was duly selected with no opposition, and that his selection was in conformity with order 7(4) of the Plateau State Legal Notice No. 2 of 1990 – Appointment and Deposition of Chiefs (Appointment of Oriye Rindre) Order 1990.”
Thereafter the Appellant filed an application to dismiss or strike out the suit on the grounds that the suit is res judicata, an abuse of Court process and the Court tacked jurisdiction. The High Court however dismissed the application. The Appellant's appeal to the Court of Appeal was also dismissed, hence this appeal to the Supreme Court.
The High Court in its judgement dismissed the respondent’s claim and struck out the appellant’s counter-claim. The respondent was dissatisfied with the trial court’s judgement and he appealed to the Court of Appeal. The Court of Appeal allowed the appeal and declared the election null and void. The appellant was aggrieved and he appealed to the Supreme Court.
