Supreme Court okays Dantoro as Borgu emir
From Emmanuel Onwubiko, Abuja
THE Supreme Court has ended the tussle over the succession to the throne of the Emir of Borgu in Niger State with a verdict that declared Alhaji Haliru Dantoro as validly elected.
In the unanimous judgment by Justice Dennis Onyejife Edozie, the apex court yesterday ruled that ÔÔthe first respondent having been validly selected as the Emir of Borgu on February 9, 2000, had acquired a right enforceable at law to be protected by preventing a second selection exercise, there being nothing on record to justify such a courseÕÕ.
The Supreme Court Justices, who endorsed the lead judgment were the Chief Justice of Nigeria, Muhammadu Lawal Uwais, Aloysius Iyorgyer Katsina-Alu, Samson Odemwingie Uwaifo, and Akintola Olufemi Ejiwunmi.
Justice Edozie ruled that ÔÔthe kingmakers, quite rightly in my view chose a method of selection by consultation among themselves, a procedure typical of our custom and tradition, that selection did not derogate from the directive in Chiefs (Appointment and Deposition) Law, Cap 19 Law of Niger State, 1989ÕÕ.
ÔÔThe Governor of Niger State, third respondent, cannot, in my view, arbitrarily jettison that selection and direct another selection exercise to secure the appointment of the candidate of his own choiceÕÕ.
ÔÔIn conclusion, since all the six issues canvassed have been resolved against the appellants, the appeal is bereft of any substance and is accordingly dismissed with N10,000 costs to each set of respondents," the court ruled.
It also dismissed another suit by the late Etsu Nupe, Alhaji Umaru Sanda Ndayako, who had appealed as an interested party being the chairman of Niger State Council of Chiefs.
The appeal at the Supreme Court began from a chieftaincy tussle over the succession to the stool of the Emir of Borgu, in Borgu Local Council of Niger State, which became vacant with the death on February 3, 2000 of the last holder of the office, Alhaji Musa Muhammed Kigereo III.
Besides, there were many contestants to the coveted position but the principal candidates, according to the text of the verdict, were Alhaji Haliru Dantoro, a former senator and Isiyaku Musa Jikan Toro, then Commissioner for Finance in Niger State.
Following a directive by the Governor of Niger State, three kingmakers on February 9, 2000 selected Dantoro, the first respondent but he was rejected by the government, which ordered another selection process.
Dissatisfied with the turn of events, Dantoro headed to the High Court, which okayed his selection as the Emir of Borgu. The decision was challenged at the Court of Appeal Abuja Division, which also upheld the trial courtÕs decision.
Piqued by the appellate courtÕs judgment, Alhaji Isiyika Musa Jikantoro, alongside others headed to the Supreme Court, seeking to quash the Appeal CourtÕs decision.
The appellants asked the Supreme Court to determine whether in all the circumstances of this case, it can be said that the first respondent's purported selection was done strictly in line with the law;
- whether the plaintiffs proved their case that first plaintiff was appointed in accordance with the Native Law and Custom of Borgu and whether the onus of proof placed on the plaintiffs was discharged on the basis of admission, if any or only some of the defendants or even all the defendants.
