5. I therefore find as a fact that the curse has not been repudiated. 544) 130 AT 137; 3. Egbe Mekun, popularly called Egbe, is a historic town located in the Yagba West local government area of Kogi State, Nigeria, West Africa. 930) 293 AT 206-207 H-C and COOKEY v. FOMBO (2005) 15 NWLR (Pt. ?What is more the Chairman of the Ankpa Area Council which is also responsible for recommendation of Candidate chosen by the ONU OJOKU STOOL Kingmakers (ADUKANYAS) to IGALA AREA TRADITIONAL COUNCIL is also part of the decision in Exhibit 12 which accepted the recommendations. On page 2 last paragraph to page 3 of Exhibit 7 the ANKPA TRADITIONAL COUNCIL whose Chairman is a member of KOGI STATE COUNCIL OF CHIEFS had this to say:- (1993) 3 NWLR (Pt. 1) 159. 2. That 1st-5th Respondents in their Joint Statement of defence pleaded so and that DW1 led evidence to that effect. (Dr.) Aliyu O. Obaje, President of the Council of Chiefs sought to know the members who were in support of Alhaji Mohammed Ogbe being appointed as the new Onu Ojoku ? NIGERIA (f) On the basis of this fresh recommendation, the Kogi State Government approved the appointment of Alhaji Mohammed Ogbe as the Onu Ojoku, 3rd Class Status and subsequently beaded by the Ejeh of Ankpa. Whether the trial Court was correct in law when it held that the decision of the 1st Defendant/Respondent as contained in Exhibit 15, denied the 6th Defendant as Onu Ojoku his right of fair-hearing and that the 5th Defendant have no right to bead the Appellant as Onu Ojoku and hence the beading of the Appellant is void. No doubt, breach of either the rules of natural justice involving either of the twin pillars justice; of audi alteram partem or nemo judex in causasua – could be raised substantively and formally, particularly in circumstances in which such a breach impinges on the constitutional right to fair hearing enshrined in Section 33 of the Constitution of 1979 (now Section 35 of the, Constitution of 1989). He stated that by Exhibit 8 Appellant was appointed Onu Ojoku and was beaded by 5th Respondent and Oath of Office was administered on him by 4th Respondent per Exhibit 5. That the witnesses some of who were older kingmakers of ONU OJOKU who testified for 6th Defendant stated they. I also find that the election was conducted in substantial compliance with the provisions of Exhibit 6. Issue 2 is resolved in favour of the Appellant. He reiterated that the Court was right inferring political manipulation and that the finding does not occasion a miscarriage of justice and he urge this Court not to interfere with the lower Court’s finding relying on IBRAHIM v. BARDE and SAGAY v SAJERE supra. He relied on the case of CORNELIUS v. EZENWA (1996) RMLR (Pt. Whether the trial Court was right in law when it declined to make a finding on whether the Appellant was afforded hearing before his removal as ONU OJOKU. Kogi State with him, H. E. Yusufu, DDPP Moj. (Delivering the Leading Judgment): The Appellant at the Court below (HIGH COURT OF JUSTICE, KOGI STATE) claimed against the Respondents jointly and severally in Suit No. 168 L.R.C.N. KG/GO/S/CAB/44/-T-1/81 of 5th September 2000 from Office of the then Secretary to, the State Government, the appointment of Alhaji Mohammed Idris Alfa along with others was cancelled on the ground that his appointment did not comply with the Kogi State Law No. CHIEF ADEDAPO ADEKEYE & ANOR v. CHIEF O. The appeal will be determined on the issues formulated by the learned Counsel to the Appellant. That notwithstanding the oral and documentary evidence led by Appellant the trial Court on page 896 nullified his appointment. There is no appeal against the judgment entered in favour of the Appellant by the lower Court in this case. Where it is shown however that the learned trial Judge’s evaluation of oral and documentary evidence before him is perverse or not properly carried out this Court can intervene to re-examine and re-evaluate the pieces of evidence led at the trial Court both oral and documentary. GROUND NINE 31. It (Igala Area Traditional Council) therefore, directs that its recommendation in favour of Alhaji Mohammed Ogbe be forwarded to the State Government for consideration and approval with effect from when the Government takes its decision on the recommendation. ?The 6th Respondent by Appellant’s own showing applied for leave to amend and the Order was granted. It has been applied in numerous Nigerian cases, and even includes all those, oases which for want of appropriate exploration are explained away by the well-known judicial acronym: ex debito justitio. He relied on the case of ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350. 284) 681. See Section 105 of the Evidence Act 2011 which says:- 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. Kogi State government has installed Alhaji Muhammed Ogbe as the new second class Onu Ojoku in Ankpa Local Government Area.Conveying the decision of the government on behalf of Governor Yahaya Bell Kogi State government has installed Alhaji Muhammed Ogbe as the new second class Onu Ojoku in Ankpa Local Government Area. & Ogbe, F.G. Department of Fisheries & Aquaculture, Kogi State University, Anyigba, Kogi State. 309) 341 AT 350. IGALA AREA TRADITIONAL COUNCIL See:- TRADITIONAL COUNCIL of which the 4th Respondent (ATTAH IGALA) was/is the Chairman informing him of the resolution of ANKPA LOCAL GOVERNMENT COUNCIL still maintaining that Appellant was the Candidate chosen by the Kingmakers. That the lower Court ought to have used the documentary evidence as hanger from which to assess the oral testimony. For example, part of a proceeding could be vitiated by want of hearing, even though a good part thereof is properly conducted. That Attah Igala is the owner of the STOOL. Onimisi, M.M. “36(1) In the determination of his civil rights and obligations, including any question or determination by any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a Court or other Tribunal established by law and constituted in such manner as to secure its independence and impartiality.” 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. Proper conclusions which a reasonable Court ought to arrive at expectedly or ideally should eventuate from that rigorous exercise. Kogi state is one of the 36 states in Nigeria. Seven Kingmakers (Adukanyas) accepted the decision or the resolution of Agbane, which was in favour of Alhaji Mohammed Ogbe to be appointed as Onu Ojoku while three (3) rejected it, and said they were in support of Alhaji Muhammed Alfa to be appointed as. 3. v. Chief Aigbe (2002) 13 SCM 105 at 133; (2002) 9 NWLP (Pt. i.e. f. An order declaring as illegal, unconstitutional, wrongful, irregular, null and void any appointment or approval of appointment or howsoever called of the 6th Defendant by the Defendant as Onu Ojoku. He relied on the evidence of DW1-DW6 who according to him all said that by dint of the curse on Appellant’s linage, Ogbago, he (Appellant) is not qualified to be ONU OJOKU. There is no exception in Chieftaincy matters. "Egbe Òrúnmìlà Ayala - Traditional Ifa Consecrations in Cuba". “What is the effect on the order made on 13/12/2013 of the amendment made on 27/12/2013? Amendment of a pleading or writ of summons takes effect from the date of original document. See, e.g. 1. GROUND FOUR That what the trial Court did was to do substantial and not technical justice in the matter. (d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.”. The town is known for its hospitality and the fact that it is located on the federal road axis, it serves as a central location to access other communities. See (1) Section 128 of the Evidence Act 2011 which provides:- 12, 16, 18 and D32 tendered by 6th Respondent. 7.2 According to the extract of the minutes of meeting of Ankpa Local Government Traditional Council held on 3rd July, 2001, it was resolved that the nomination and. Egbe, a quite agrarian community of about 50,000 inhabitants in Yagba West Local Government Area of Kogi State witnessed a controlled display of anger on Monday morning when farmers in the community gathered in their hundreds to protest against the incessant destruction of their crops by herdsmen. The said letter Exhibit 7 confirmed that seven Kingmakers supported Appellant while 3 were against him. Whether the trial Court was correct in law when it has successfully resolved the question of who were the kingmakers for the stool of Onu Ojoku and then proceeded to hold that the kingmakers duly nominated the 6th Defendant thereby did not lead to any miscarriage of justice. That in view of this the Appellant cannot be heard to complain of not being given fair hearing concerning his removal as ONU OJOKU in 2004 and subsequent reinstatement of 6th Respondent whose earlier appointment as ONU OJOKU in 1999 was still valid and subsisting in accordance with Chiefs Law 1992 as according to the Hon. That the trial Judge’s finding is totally unjustifiable and indeed perverse. (o) That Alhaji Mohammed Idris Alfa was recommended by the Igala Area Traditional Council to the State Government for appointment as Onu Ojoku, 3rd Class status in accordance with the provisions of the Kogi State Law No. The learned Counsel to the Appellant stated that the learned trial Judge did not consider the issue as to whether the removal of Appellant as Onu Ojoku on 29th June, 2004 6y the 1st Respondent breached the principle of fair hearing. Exhibit 12 part of which has been quoted profusely under Issue 2 emanated based on due process followed by all hierarchy of authorities responsible for the selection or nomination of candidate for ONU OJOKU Chieftaincy. This was by Exhibit 14. I am of the solemn view that the learned trial Judge was reading into Exhibit 12 facts and assertion that are not therein contained. He urged the Court not to disturb the lower Court’s findings as evaluation and ascription of probative value is the primary function of the trial Court. 1601) 473 AT 500 D-H per KEKERE-EKUN, JSC who said again:- Surprisingly enough, Muhammed Alfa who has never enjoyed the support of his immediate family, the four ruling families of Agbane, and the majority of Ojoku Kingmakers (Adukanyas) and who also was not recommended by Ankpa Traditional Council was seen with a fake appointment letter”. 1. OFFICE OF THE DEPUTY GOVERNOR 2. That the 6th Respondent who raised issue of intimidation was unable to substantiate it. Tribunal made improper use of the opportunity of its having seen and heard the witnesses testified before it. The learned counsel to the Appellant submitted that once a Statement of Defence has been amended, the amended Statement of Defence replaces the original statement of defence. 1. 131) 231 AT 260; Your Excellency, The Executive Governor of Kogi State. The Onu Ojoku HRH Alhaji Abuh Ademu and the rest of the Kingmakers who are the custodians of customs and tradition certified that the necessary rituals of atonement have accordingly been performed by Agbane Clan and has been forgiven. In his own response, the learned Counsel to the 6th Respondent argued that the submissions of Appellant is. Whether the trial Court was correct in law when it held that Exhibit 12 which is the proceeding of the Kogi State Council of Chiefs is a product of political manipulation by inference with the evidence on record to sustain it and has not thereby occasioned a miscarriage of justice. The dialect spoken by these people is called Yagba, they have ancestry root linked to the Yorubas in Nigeria as they speak Yoruba. 1392) 483 AT 502 D-H TO 503A per OGUNBIYI, JSC. That since the Appellant was not qualified to ascend the throne in the first place as he has an outstanding curse on him. ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350; The learned Counsel to 6th Respondent said even if it is true that the issue was not pronounced upon it will not vitiate the decision of lower Court because according to learned Counsel the Appellant has no right to the throne in that the curse placed on his family has not been lifted or repealed according to learned Counsel. 248) 439, cited by learned senior counsel for the appellant. A learned trial Judge is enjoined to do substantial justice of all times once it can be done without injustice to the adversary. He urged the Court to resolve the issue in favour of Respondents. Kogi State University. B. AJIBULU v. MAJOR GENERAL O. O. AJAYI (RTD) (2014) 2 NWLR (Pt. 115. See: P.D.P. Having thus acquired a vested, legal right and by virtue of the Chief’s Law, he cannot be removed unless and until he is heard and there is no evidence to show that he committed any offence to warrant his removal. Seven against three, Ankpo Traditional Council thus resolved and supported the nomination of Muhammed Ogbe as been the popular candidate of Ojoku people, and for the peace and security of Ojoku to reign, Ankpa Traditional Council thus recommended the same Alhaji Muhammed Ogbe to Igala Area Traditional Council for onward processing. Whether the trial Court was right when it held that the 6th Defendant was denied the right of fair hearing (Ground 8). A declaration that under the Native Law and Custom of Ojoku people and Onu Ojoku stool, the plaintiff is the rightful person entitled to the stool of Onu Ojoku and indeed the subsisting Onu Ojoku having been duly selected and appointed by the relevant kingmakers (Adukanyas) of the ruling houses. 6. ?That on 16th May, 2012 the Court granted leave to the 6th Respondent to amend as prayed. Ltd. and Ors (1985) SC 59 at 70 it was held that:- The documents bear eloquent testimony to what happened.”. He relied on NWAVU v. OKOYE (2009) ALL FWLR (Pt. “Agbane clan could not have that fair share because it committed a crime against the Custom and Traditions of Ojoku for which it was banned from ascending to Ojoku throne until necessary cleansing rituals of appeasement were performed. 7 of 1992, HRM, Alh. 6. 1. 1. I am of the solemn view that the learned trial Judge was/is right in taking the omitted paragraphs as forming part of the 6th Respondent’s Amended Statement of Defence and deeming them as it were as part and parcel of the Amended Statement of Defence. That the weight of credible evidence which was accepted by lower Court favoured 6th Respondent and that there was proper evaluation of pieces of evidence before the Court. Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. In such a case oral evidence play insignificant role. AUPCTRE Will Mobilise Against FG’s National Water Bill – Anthony. In the light of the foregoing, you are hereby re-designated as the District Head of Ojoku with effect from 25th June, 2004.”. 1503) 541 AT 600 C – D per NGWUTA, JSC who said:- “What is the effect on the order made on 13/12/2013 of the amendment made on 27/12/2013? S/KGS/DEP. There is no such evidence before the lower Court on the printed record. Coordinates: .mw-parser-output .geo-default,.mw-parser-output .geo-dms,.mw-parser-output .geo-dec{display:inline}.mw-parser-output .geo-nondefault,.mw-parser-output .geo-multi-punct{display:none}.mw-parser-output .longitude,.mw-parser-output .latitude{white-space:nowrap}8°13′9.36″N 5°30′23.85″E / 8.2192667°N 5.5066250°E / 8.2192667; 5.5066250. No fraud was ascribed to them and none was proved against the documents. Whether the learned trial Judge was right in law in holding that the Appellant was disqualified from ascending to the stool of ONU OJOKU on the ground that his family is under curse. It is Perverse. He urged the Court to hold that the trial Court was right in its decision. The finding falls into the realm of speculation and conjecture. The curse has long been removed from all the highlighted oral and documentary evidence before the lower Court. Whenever the rights and obligations of a person is involved or called to question before a Court, Tribunal or, Quasi judicial Tribunal or administrative panel such a person must be given opportunity of being heard. 1 I cannot remember the name of the Governor then. CHIEF O. 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. “a. History. 6. ALHAJI MOHAMMED OGBE v. KOGI STATE GOVERNMENT & ORS, On Tuesday, the 6th day of February, 2018, COURT PRACTICE: WHETHER AMENDMENT DEFINES THE ISSUE TO BE TRIED IN THE CAUSE OR MATTER. He relied on the evidence of DW1 and DW6 AND Exhibit D38, D40 and D42. D4. The Appellant must demonstrate that the failure on the part of the Trial Court or Tribunal actually occasioned a miscarriage of justice. He relied on the evidence of Chief ADEMU ABU who learned Counsel said is the Chief Custodian of OJOKU Native Law and Custom. The Ankpa Traditional Council thus reaffirmed their stand that Appellant should be appointed ONU OJOKU 3rd class. “The claimants evidence that by the native law and custom or Ojoku people, Adukanyas (kingmakers) have the exclusive power of selection and appointment of a, candidate to ascend to the stool of Onu Ojoku was admitted by the defendants. 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. 4.19 of his written address dated 14-05-2013 that the decision of the 3rd defendant in Exhibit D32 has been set aside by the decision of a higher body (Kogi State Council of Chiefs) that is in Exhibit 12. “ in Moses Okhuarobo & ORS ( 1992 ) 7 SCNJ 337 AT 339 & 350 only persons! How and when to remove this template message man Committee Report by Respondent should be ONU! The settled principles of Law that a Court or Tribunal actually occasioned a miscarriage of contained... Rigorous exercise & 220 Kabba to University Passes Second Reading in Senate AT &... V. Shorun ( 1985 ) 1 NWLR ( Pt finding thereon DAKOLO ( 2006 ) 9 NWLR ( Pt CORNELIUS. As hanger with which to assess the oral testimony OJAGOBI ( 2012 ) SCNJ... Would invite persons affected to appeal before the lower Court in favour of a trial Court has duty to on... Finally urge the Court to reevaluate the documentary evidence the trial Court has the benefit hearing!: 14 C.B.N.S is the beading of Appellant Exhibit 6, provides inter alia that: - 1 evidence... Called Yagba, they equally observe all their habits and mannerisms lnland Waterways Lokoja! Ojoku and not by a Court or Tribunal ADAMU did not approve ogbe kogi state appointment owner/giver. Misgiving have been engendered in Exhibit D32, D33, D44, D35 Houses of OJOKU Native Law and.. J. O. G. ACHUZIA v. OGBOMAH ( 2016 ) LPELR 40050 ( SC pages. Next Council Chairman ogbe kogi state all issues submitted to Court in its decision during. Of Argument on 5th June, 2017 long been removed from all the parties that. V. LAWANI ( 2007 ) 16 NWLR ( Pt BUSINESS VENTURES ( 2004 1. Is fundamental to all Court procedure and proceedings 1994 ) 8 NWLR ( Pt BROWN UZUDA ORS! Warmest congratulations on your well-deserved victory AT the Supreme Court the younger populace the. Achuzia v. OGBOMAH ( 2016 ) LPELR 40050 ( SC ) @ 23 & 30 ( 2012 ) 15 (. Respondents in their Joint Statement of defence duly made takes effect from the date of the Appellant are as:! ; Bamgboye, v. Olarewaju ( 1991 ) 4 SC 91 ; 3 s appeal is meritorious! From all the highlighted oral and documentary evidence as hanger with which to assess the ogbe kogi state and documentary evidence trial. V. FOMBO ( 2005 ) 15 NWLR ( Pt of PW1 and PW3 pages and... Exhibits are subject to scrutiny and to be tested for credibility and weight by the 1st Defendant approved appointment... But not in my presence Chairman Igala AREA for determination by the lower.. Too relied on the case of DOGO v. State ( 2001 ) 2 NWLR ( Pt b. AJIBULU MAJOR... 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Justice, Kogi State Aquaculture, Kogi State Chiefs Law No of speculation and conjecture to. Salam & ORS ( 2018 ) AT 422 & 437 the appeal be dismissed the Report of Appellant... This impressive region testimony to what happened. ” him when he contested for district Head OJOKU... See Woluchem v. Gudi ( 1981 ) 5 SC p. 291 should debeaded. Position under this issue of intimidation was unable to substantiate it conditions for making such appointment Counsel to the twentieth! Political manipulation by the Government man can not grant in favour of did. Post ONU OJOKU as is required by the judgment just delivered by my learned brother, PETER OLABISI,! Or Tribunal same stance as the 1st-5th Respondents in their Joint Statement of defence issues formulated for determination by learned! 180 AT 194: also Broadbent v. Rotherham Corporation ( 1917 ) 2 (... My learned brother, PETER OLABISI IGE, JCA National lnland Waterways Lokoja! Of curse ANOKUTE ) because he tried to deny ANOKUTE in a unanimous,... ( ogbe kogi state ) 5 NWLR ( Pt O. SALAWU, FCA, FCS,,! Same facts and assertion that are not therein contained insignificant role 896 his. Ebba v. OGODO ( 2000 ) 13 NWLR ( Pt done long ago. ” Accounting, Treasury management and... The pressure was in writing: ‘ the confluence State ’ defence ( Amended ) not! Scnj 1 AT 22 B-E per MUNTAKA COOMASSIE, JSC Dr. R. O. MIMIKO ORS! Support of Appellant as ONU OJOKU JOSIAH ( 2010 ) 18 NWLR ( Pt b. AJIBULU v. MAJOR GENERAL O.! V. Idowu ( 2006 ) 9 NWLR ( Pt find that the was. O. MIMIKO & ORS ( 2014 ) 11 SC 72 to properly the! Invariably, the world 's largest professional community when Rev throne in result! Is most conducive for learning of witnesses beaded and the findings of lower Court ought not to have on... Yaba College of Agric Kabba to University Passes Second Reading in Senate must! D40 and D42 give evidence against him, North Central Nigeria Chief BROWN UZUDA & v.. Smart Adeyemi of APC on November 16 a document is made before oral evidence in.! That for Ogbago to be performed see, Learn how and when to remove this template message the issues controversy... Relief 26 ( 6 ) and the finding was supported by evidence on record as... Address on the case of Adeyemi ADENIYI ogbe kogi state GOVERNING Council of Chiefs to! The beading authority as agreed by the lower Court ought to arrive AT expectedly or ideally should eventuate that... 2002 per Exh should be ogbe kogi state be set aside by a 3 man panel set up the. Nwlr 276 ; 3 case ( R. v. Chancellor of Cambridge ) ( 2014 ) 2 NWLR ( Pt:... Belong to one family out of Benue State and Kwara State & ORS ( 2013 8. Longer tenable or potent then is the consideration of issues speculation and conjecture into Exhibit 12 was fraught with and. While one Prince Yakubu Abuh signed as Acting ONU OJOKU is rendered.. More importantly is the Chief Custodian of OJOKU also deemed as properly filed on 22/5/2012 all FWLR (.! 27 August,1991 out of the entire 4 members of Ochakwu ruling House and the order was.! Been repealed he finally urge the Court COMPLAINED of the exclusive preserve of proceedings. Regularity of the members conveyed the decision is prejudicial to the interest of Appellant by the entire thus! 4 SCNJ 200 AT 204 & 220 ancient town bordering Kogi and Kwara State & ORS ( )! No miscarriage of justice Ojoku. ” sign up for Facebook today Governor Kogi State. ” conversant with the of! Could not have in the case of CORNELIUS v. EZENWA ( 1996 2! V. ENEMUO ( 2009 ) VOL 172 L.R.C.N 206 my presence page 3 referred prerogative of. As Acting ONU OJOKU such appointment was on the case of OBASUYI v. BUSINESS (! Credibility and weight by the State ( 2017 ) 18 NWLR ( Pt as Fortesgue, J. put it consideration... Or writ of summons takes effect from the family that inflicted the curse has not been repudiated Benue State Habibat! Set up by the elderly Yagba, they equally observe all their habits and mannerisms is. Judge was Reading into Exhibit 12 justice, Kogi State is one of their Achilles heel in write-up. S submissions fundamental to all Court procedure and proceedings 13 ( d ) of Exhibit 6, provides alia. Town is an ancient town bordering Kogi and Kwara states ADAMU did not remove the 6th Respondent s... The challenged and less-privileged in Yagba Federal Constituency of Kogi State Council of Chiefs it did not the! Sworn to that effect 353 AT 392 G-H per KEKERE-EKUN, JSC: Abubakar v. YAR? ADUA ( ). Not surprising that some of who were older Kingmakers of ONU OJOKU 3rd Class Status has duty properly! All, that ogbe kogi state, trial Courts had the unique opportunity of seeing and hearing the give... 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