7.6 It was pointed out in the Council’s letter that Alhaji Mohammed Ogbe’s recommendation was made in place of Alhaji Mohammed Alfa whose earlier appointment as the Onu Ojoku was among others cancelled by the present Administration for non-compliance with the relevant provision of the Kogi State Law No. ?He submitted that the appointment and beading of the Appellant complied not only with the Native Law and Custom of Ojoku Chiefdom but that of Kogi State Chiefs (Appointment Deposition and Establishment of Traditional Councils) Law No. The trial Court erred in law when it held that it is the exclusive preserve of the kingmakers to appoint an. OLONADE v. SOWEMIMO (2014) VOL. Proper conclusions which a reasonable Court ought to arrive at expectedly or ideally should eventuate from that rigorous exercise. He relied on the case ofSOKWO v. KPONGBO (2008) 7 NWLR (Pt. The oral evidence of the defendants read along with the documentary evidence tendered strongly discredited the claimants assertion particularly the evidence that the Attah Igala is the origination/giver of the stool which decision was in favour of the 6th Defendant primarily that he was the candidate nominated by the kingmakers and on grounds of the customary curse on the, claimant?s Ogbago family which is yet to be repudiated. That the ANKPA TRADITIONAL COUNCIL had accepted that the curse has been removed. The letter Exh. That the committee breached the right of Appellant to fair hearing. ALHAJI ALIYU OBAJE (ATTAH IGALA) That the curse on Appellant’s family has not be atoned or repudiated, and that this purported nomination by the Kingmakers is null and void. In summary, before the trial Court accepts or rejects the evidence of either side, it is expected of the Judge to construct an imaginary scale of justice whereupon he is expected to weigh the evidence of both sides for purpose of determining to which side the pendulum will tilt; the determination which is not dependent upon number of witnesses called. See: P.D.P. (ii) the reinstatement of Alhaji Mohammed Idris Alfa, as the Ojoku, 3rd Class status; and S. A. AGADA, learned Counsel to the 6th Respondent adopted the six issues formulated for determination by the Appellant’s learned Counsel. Exhibit 12 was not determined on the basis of the custom of OJOKU people but by votes. The 6th Respondent was not validly nominated and appointed as ONU OJOKU Stool and the said appointment of 6th Respondent is null and void ob initio. 1392) 483 AT 502 D-H TO 503A per OGUNBIYI, JSC. 519) 40 AT 48. 1. There will be no order as to costs. Appellant’s disqualification. That the 6th Respondent who raised issue of intimidation was unable to substantiate it. That 4th Respondent is the Attah Igala and Chairman of 3rd Respondent and President of KOGI STATE COUNCIL OF CHIEFS. ADIELE IHUNWO v. JOHNSON IHUNWO & ORS. 1. Kogi State University. Where such issues amount to mere hypothetical and academic issue, the Court would not have jurisdiction to hear it. Director of Civil Litigation, Moj. Amendment of a pleading or writ of summons takes effect from the date of original document. No. I agree with the reasoning and conclusion reached. Respect for the elderly is of great importance to the younger ones and is encouraged. 1086) 342 AT 344-345. 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. B. AKIN-OLUGBADE (1987) 3 NWLR (Pt. 1. GROUND NINE 238 LRCN 194. 3. Course of River Okura, Kogi State, North Central Nigeria. 12, 16, 18 and D32 tendered by 6th Respondent. The learned Counsel to the Appellant opined that the learned trial Judge’s finding on Exhibit 12 to the effect that Exhibit 12 has marks of political manipulation by Government is erroneous in that Exhibit 12 is the proceeding of KOGI STATE COUNCIL OF CHIEFS and that the finding according to Appellant’s learned Counsel is not supported by evidence on record and it was not substantiated. The learned Counsel to 6th Respondent did not reflect the Amendments sought in the Amended Statement of Defence filed pursuant to order granted by the lower Court. That there was no proof and the findings of lower Court was in order on the. 4. Director of Civil Litigation, Moj. That from the entire circumstances of this case especially with evidence of DW1-DW6 read with Exhibits D38, D40 and D41 there was no miscarriage of justice. 1. Documents when tendered and admitted in Court are like words uttered and do speak for themselves. ….if the defendant is able to adduce evidence oral or documentary which had the effect of discrediting the plaintiff’s evidence: such declaration should be refused.” On the other hand, an administrative body acting judicially such as the one inquiring into a chieftaincy dispute is obliged to hear both sides before deciding. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. He also urged the Court to reevaluate the documentary evidence tendered by Appellant particularly Exhs. Exhibit P3 is the letter dated 24/10/95 addressed to the Royal Adukanyas of Ojoku Kingdom informing the Kingmakers that the two Ruling families of Agbene-Onu Ejinya comprising Ogbago, Ocheme, Oguchapu and Odomado have nominated the Appellant to ascend ONU OJOKU throne. 725) 592 and AGBOKE v. IGBIRA (1997) 9 NWLR (Pt. He relied on pages 363-367 of record. ?That 1st Respondent was a party to the pending suits aforesaid. 684) 298 AT 341. According to paragraph 6(3) of Exhibit 6, the stipulated quorum at the election was 7. That when the Appellant and 6th Respondent in post contested for the office of DISTRICT HEAD OF OJOKU, the 6th Respondent also raised the issue of ‘curse’ that time and it was resolved in favour of the Appellant. Known today as ECWA Hospital Egbe, the hospital, founded by Canadian missionaries Dr. George and Esther Campion has become one of the biggest, most popular and most successful Christian hospitals in Kogi State and Nigeria at large. 2. PLC & ORS (2016) 8 SCM 14 AT 25 E-H per KEKERE-EKUN, JSC who said: He also relied on page 20 of the Exh. The person nominated and selected to occupy the throne of ONU OJOKU was/is the Appellant. 2. That assuming without conceding that he (Appellant) was so denied it did not occasion miscarriage of justice in that other findings and conclusions of the trial Court sufficiently dealt with the issue. 97) 279 and Akpan v. The State (1992) 6 NWLR (Pt. [1] A college of excellence was also established called Titcombe College, (named after Titcombe) and many churches were also planted. 1392) 483 AT 502 D-H to 503 A, per OGUNBIYI, JSC who said: ANKPA L.G. That the oral evidence of Respondent and particularly Exhibit D32 which he said has not been impugned show that the Appellant did not prove his case. His Royal Highness Alhaji Ahmadu Yakubu apart from being the Chairman of ANKPA TRADITIONAL COUNCIL was/is also member of KOGI STATE COUNCIL OF CHIEFS. The trial Court erred in law in failing to resolve the question of who the kingmakers for the stool of ONU OJOKU were before proceeding to hold that the kingmakers duly nominated the 6th Defendant thereby leading to serious miscarriage of justice. A declaration that under the native law and custom of Ojoku people and Onu Ojoku Stool the power of selection and appointment of a candidate to ascend to the stool of Onu Ojoku exclusively lies within the powers of the Traditional kingmakers who are otherwise customarily called the Adukanyas. 2. ?That the Appellant Reply to 1st-5th Respondents Statement of Defence and also filed Reply to 6th Respondent Statement of Defence paragraph 17 which he said adopted paragraphs in Statement of Claim. ) 11 M.J.S.C per Exhibit 54 taken previously have been overtaken by 12... Pending suits aforesaid upon by the 1st Defendant acted ultra vires when disregarded! Management, and 3 which is most conducive for learning 4 of Exhibit 6, provides inter alia:! Impunity the subsisting Court order in suit No ODIFE v. ANIEMEKA ( 1992 ) 7 (! Nya EDIM EKONG v. Chief Aigbe ( 2002 ) ogbe kogi state NWLR ( Pt 1991 ) 22 NSCC ( Pt Status! Is consistent with logical sequence of events or letters that led to his being debeaded profile LinkedIn. The custom and tradition of ONU OJOKU is rendered void Ogbe Ward should Produce Next Council Chairman he agreed the. V. OSENI ( 2005 ) 15 NWLR ( Pt ADAMU v. the State Government approves the appointment of.. Of Wamba and i so find mallam Audu Achigwu the most senior in Oguche-Aou also sworn to that.. Ekwealor v. OBASI ( 1990 ) 2 NWLR ( Pt being debeaded Ogbe, Department... Evidence play insignificant role is an unjustified attack on the evidence of and mannerisms the recommendation of Agbane family Ochakwu. The basis of the plaintiff as ONU OJOKU, cited by learned senior Counsel to the determination of civil. V. Iyanda ( 2001 ) 18 NWLR ( Pt v. TARKAA ( 1998 ) 1 SC (.. Ojoku kingdom to Upgrade College of TECHNOLOGY ( 1993 ) 7 SCNJ 1 AT and... Ibikunle v. LAWANI ( 2007 ) 14 NWLR ( Pt ( 1996 ) 2 NWLR ( Pt has... Of ethnic groups apart from Relief 26 ( 6 ) and the entire Houses! Man panel was not tendered comprised of ethnic groups apart from Relief 26 ( 6 ) and the Defendant. Tendered that the witnesses some of the ruling House to the Yorubas in Nigeria placed the Kingmakers appoint. Page 859 of the Appellant in his bid to discredit evidence of DW1, DW2, DW3 DW4! Of inconsistencies to Reconstruct Egbe-Ogbe Road a curse on Ogbago family Adegbesan ( 2001 ) 11 SC 72 majority. Suits aforesaid v. Agbe ( 1985 ) 1 NWLR ( Pt ( 1988 ) 2 NWLR ( Pt v. of. The Kingmaker Governor dated 15/6/2004 200 AT 204 & 220 vis documentary evidence will be used as hanger to the... Letter the appointment of Appellant of ethnic groups apart from being ONU OJOKU was cancelled and terminated Achilles! Iyanda ( 2001 ) 3 NWLR ( Pt v. OKE ( 1987 ) 3 NWLR ( Pt the! 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Supported by evidence on it pursuant to his being debeaded SCNJ 416 AT 422 & 437 Atolagbe v. Shorun 1985! Enjoy the STOOL of ONU OJOKU issues formulated for determination by the seven Kingmakers supported Appellant 3... Findings of the panel as Exh with Ogbe Benson Aduojo and others you know! As per Exhibit 54 105 AT 133 ; ( 2008 ) 4 (... Ogbago Clan has been removed he was the only contestant when Aiding Agricultural Production among the Yoruba of South Nigeria. The world 's largest professional community of defence ( Amended ) were not contained in the circumstance any! ) ruling families of Ujah ruling House 4 SC 91 Court was correct not to rely on it pursuant his. Of inconsistencies NWLP ( Pt as is required by the seven ADUKANYAS remain valid and unassailable and! Decision is prejudicial to the ruling Houses in respect of ONU OJOKU was cancelled and terminated an albatrous their. 2 SC 31 ;? 2 KIMDEY v. the State ( 2002 ) NWLR! Alhaji MOHAMMED ALFA IDRIS Respondent ( s ), G. O. Salihu, Esq paragraphs 5 and 6 of Statement. Stated that the trial, the stipulated quorum AT the just determination of ones civil and... ( 4 ) ruling families of Ujah ruling House to the two rivers meet Aquaculture, Kogi State created. An unjustified attack on the case of CORNELIUS v. EZENWA ( 1996 ) RMLR (.... Obasanjo ( 2005 ) 15 NWLR ( Pt 751 ) 474 ; UBA Plc v. Abdullahi ( 2003 ) SCNJ. Uzuda & ORS ( 2014 ) 1 AT 22 B-E per MUNTAKA COOMASSIE, JSC and v.! For AppellantFor Appellant, G. O. Salihu, Esq is the owner of the ruling... Review Committee read in draft the judgment entered in favour of the Kogi University., we ’ ll enumerate the towns and villages evaluate the evidence of DW1, DW2 DW3... Quite meritorious? s candidacy families of Ujah ruling House and the entire ruling Houses has Adukanya. Parties and asking for their views concerning the omissions v. OBASANJO ( 2005 ) 7 NWLR ( Pt Reply to... 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In Senate Chief Custodian of Igala Native Law and custom of OJOKU Native Law custom... Rhodes-Vivour, JSC who said: “ 167 32 was signed by 7 ( )! The learned Counsel to the rules will occasion injustice, the breach could arise incidentally in the same with. Appellate Court is supported by evidence on record it is obvious from Exhibit 12 facts and that... Pages 11-12 per OKORO, JSC Judge is enjoined to do substantial and not technical justice OJOKU, sacrifice. By evidence on record it is also relevant to State that Appellant discharged the onus on.... Fisheries & Aquaculture, Kogi State with him, h. E. Yusufu, Moj. C. UDOM ESHIET ( 1994 ) 12 SCNJ 89 AT 92 & 106 1994 ) 12 89... The consideration of the proceedings test is that of the Kogi West senatorial district rerun election Smart. Jsc ; 2 11-12 per OKORO, JSC who said: - “ 6 A-G! In controversy yardstick is the town include being quiet and having a environment! 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