NIGER INSURANCE CO. LTD V. ABED BROTHERS LIMITED & ANOR
August 7, 2025SAMUEL ADAJE V. THE STATE
August 7, 2025J. OMERIGWE ATTAH V. THE ELDERS OF THE RULING HOUSES OF OSIKORO & EFOFU CLANS IN AGILA DISTRICT
Legalpedia Citation: (1976) Legalpedia (SC) 11141
In the Supreme Court of Nigeria
Fri Jul 2, 1976
Suit Number: SC. 157/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
ALOMA MARAIM MUKHTAR, JUSTICE, SUPREME COURT
PARTIES
J. OMERIGWE ATTAH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was appointed as the district head of Agila in Oturkpo. The people protested his appointment as he is disqualified under native law because of the deformities in his leg. The community sued for the nullification of his appointment.
HELD
The court held that an injunction cannot lie against anyone employed by a Local Authority under the Local Authority Law of the Benue-Plateau State.
ISSUES
Whether the High court has jurisdiction over the appointment of native heads.
RATIONES DECIDENDI
APPOINTMENT OF NATIVE HEADS
We now proceed to consider whether an information in the nature of quo warranto would have lain against a servant of a Local Authority whose office is only held at the pleasure of Local Authority. It has long been held in numerous cases that the writ would not lie against such servants. BELLO, JSC
CASES CITED
Okupe v. Iperu (1937) 3 WACA 131
STATUTES REFERRED TO
Chiefs (Appointment and Deposition) Law, 1963 Northern Nigeria Laws, Cap 20
Section 25 of the High Court Law of the Benue-Plateau State
