OBA OLATUNDE FALABI ORISATOLA III THE AKIRE OF IKIRE & ANOR V ALHAJI MUDASIRU ADESINA & ORS
June 16, 2025ALHAJI USMAN BUA VS. BASHIRU DAUDA
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 11611
In the Supreme Court of Nigeria
Sun May 4, 2003
Suit Number: SC. 95/1996
CORAM
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
ANDONG ADAKE2. BOKKOS LOCAL GOVERNMENT (FORMERLY MANGU LOCAL GOVERNMENT APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st appellant was appointed district head in an election presided over by the secretary to the local government contrary to the Local Government Edict which provided that the secretary of the Traditional Council should preside. The appellants claimed the secretary of the local government was appointed as such without any evidence of appointment.
HELD
The court held that the election was a nullity.
ISSUES
Was the Secretary of the Mangu Local Government who presided over the election of the 1st Appellant duly designated under section 75(3) by the Traditional Council to carry out the duties of the Secretary to the Council?
RATIONES DECIDENDI
HOW TO PROVE AVERRMENT IN A PLEADING
An averment in a pleading is not evidence and cannot be substituted for evidence. Such an averment does not therefore amount to proof unless it is admitted – Ejiwunmi J.S.C.
CASES CITED
Oladejo Ajuwon V. Falele Akanni & Ors (1993) 9 N.W.L.R. 182 at 200; Mugnusson V. Koiki & Ors (1993) 9 N.W.L.R. 287?
STATUTES REFERRED TO
The Local Government Edict of Plateau State 1976?
