CHIEF J.L.E. DUKE VS GOVERNOR OF CROSS RIVER STATE & ORS

CORAM

PARTIES

CHIEF J.L.E. DUKE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff/appellant recognition as village head of Ikot Edem Odo Village, clan head of Ikot Ede Odo Village and Clan head of Edem Odo clan was withdrawn by the Governor, unsatisfied the plaintiff/appellant brought an action in the Trial Court declaring that the withdrawal was invalid and his right to fair hearing was violated. The Trial Court dismissed the claims of the plaintiff. Dissatisfied the plaintiff appealed to the Court of Appeal which affirmed the decision of the Trial Court. Hence an appeal to the Supreme Court.

HELD

APPEAL DISMISSED?

ISSUES

Whether the de-recognition of the Appellant by the 2nd Respondent was not in accordance with section 30(1)(d) of the Traditional Rulers Law Cap T4 Laws of Cross River State, 2004.Whether the Learned Justices of the Court of Appeal were right in holding that the withdrawal of the Certificte of recognition of the Appellant was proper notwithstanding that the withdrawals was made after the selection of acting village heas and acting Clan Head respectively by chiefs and people of Ikot Edem Odo village and Edem Odo Clan.

RATIONES DECIDENDI

FAIR HEARING – PRINCIPLE OF FAIR HEARING

“The principle of fair hearing is that both sides must be given an opportunity to present their respective cases. It implies that each side has the right to know what case is being made against it and be given ample opportunity to react or respond thereto.
Fair hearing does not necessarily mean a hearing that involves oral representation. However, a hearing is fair if the parties are given opportunity to state their case even in writing.” Per Suleiman Galadima, JSC

CASES CITED

NONE?

STATUTES REFERRED TO

TRADITIONAL RULERS LAW, CAP. T4, 2004?

CLICK HERE TO READ FULL JUDGMENT