ogbe kogi state

7 be complied with, the then State Government accepted a fresh nomination and the recommendation of Alhaji Mohammed Ogbe (incumbent Onu Ojoku) from the Igala Area Traditional Council, for consideration as the Onu Ojoku, 3rd Class Status. AUDU ACHOGWU (ANOKUTE) because he tried to deny ANOKUTE in a family whereas he acknowledged in Exh. The documents bear eloquent testimony to what happened.”. On whether the Committee heard the 6th Respondent sequel to Exhibit 15. Based on the above facts, Ankpa Traditional Council thus accepted and resolved that ritual of atonement in respect of the killing during inter-family war of ascendance has been performed before Onu Ojoku (late).”. The 6th Respondent learned Counsel was on the same page with Hon. The reason is simple. 4. ISSUE FOUR kingsley ogbe lecurer at Kogi State University Nigeria. 1392) 483 AT 502 D-H TO 503A per OGUNBIYI, JSC. BUHARI v. OBASANJO (2005) 7 SCNJ 1 AT 18 and “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. Proper conclusions which a reasonable Court ought to arrive at expectedly or ideally should eventuate from that rigorous exercise. 73; (Ground V). 2. The 6th Respondent filed his Brief of Argument on 8th November, 2017. Copies of documents certified in accordance with Section 104 may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.”, Exhibit 16 which is the minutes of meeting of ANKPA TRADITIONAL COUNCIL on investigation as to rightful candidate to ONU OJOKU throne, the Council at page 31 also found that:- 12, 16, 18 and D32 tendered by 6th Respondent. That the witnesses for Claimant and Claimant admitted the curse but merely said it has been removed without any further proof. (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. In the light of the Committee?s findings, I recommend for your Excellency’s approval as follows:- ?That on 16th May, 2012 the Court granted leave to the 6th Respondent to amend as prayed. He urged the Court to hold that the trial Court was right in its decision. 6. b. I also find that the election was conducted in substantial compliance with the provisions of Exhibit 6. “The allegation of curse leveled against Appellant is no longer tenable as the late Onu Ojoku, Alhaji Abu Ademu testified before the Council that Ogbago Ruling Clan had already performed the necessary sacrifice for pardon and had since been pardon accordingly.”. PER PETER OLABISI IGE, J.C.A. NZERIBE v. DAVE 9 SCNJ 161 AT 163. When such is the case, a Court of justice cannot shut its eyes to the breach of the rule or fail to give effect to its implications simply because it has not been raised on the pleadings. Alhaji Yahaya Adoza Bello. 2. to the effect that the curse has not been repudiated. 472) 256 AT 290 and OKHOMINA v. P.H.M.B. On whether the curse has been lifted, the minutes of the meeting said at the last paragraph thus:- S. A. AGADA, learned Counsel to the 6th Respondent adopted the six issues formulated for determination by the Appellant’s learned Counsel. A. M. ADIGWU NWLR (Pt. 1357) 550 at 571 D where ARIWOOLA JSC said: 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 haven been duly selected and appointed by the relevant kingmakers (Adukanyas) of the ruling houses. It is well known for having the confluence of the River Niger and Benue. 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. 1) 501; (1991) 4 NWLR (Pt. ALHAJI MOHAMMED ALFA IDRIS Respondent(s), PETER OLABISI IGE, J.C.A. 248) 439, cited by learned senior counsel for the appellant. Alhaji Yahaya Adoza Bello. Now, the immutable principle of amendment(s) of writ of summons, Statement of Claim or Statement of Defence is that once leave is granted to amend any of the processes enumerated herein what stood before the amendment is longer material or relevant in the. Join to Connect Kogi State University. That the decision Exh. That the 3rd Respondent accepted Exhibit 18 consequent upon which the KOGI STATE GOVT (1st Respondent) approved the appointment of the Appellant as the District Head of OJOKU. GROUND TEN This principle, which obliges us to hear a man before his right or interest can be taken away in any judicial or quasi-judicial proceedings or even in purely administrative proceedings in which the right of the person is to be taken away or his interest interfered with, has been reiterated in numerous cases. That all of them also previously supported him when he contested for District Head of Ojoku. Richard Elesho/ Lokoja As the race for the Local Government elections in Kogi State has started in earnest, a Lagos based businessman, David Lanlege has indicated interest in contesting for the chairmanship of Yagba West Local Government Area. By Comrade Adelabu May 07, 2020, 12:48 pm 0. Sgd. This was stated in Exhibit D47 page 2 of the letter of Deputy Governor (then) to the Governor dated 15/6/2004. ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350; 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. OGBE is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms. EDILCON NIGERIA LTD v. UBA PLC (2017) 18 NWLR (PART 1596) 74 AT 10H ? 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. e. An Order declaring that the 6th Defendant is not a fit and proper person to occupy the stool of Ojoku having deserted the Nigerian Army after committing fraudulent acts and having not been selected by the majority of the kingmakers to Onu Ojoku stool. The Court may presume the existence of any fact which it deems likely to have happened, regard shall be had to the common course of natural events, human conduct and public and private business, in their relationship to the facts of the particular case, and in particular the Court may presume that- of HON. No. ISSUES 5 AND 6 Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. Attorney General of Kogi State. Daniel has 2 jobs listed on their profile. “7.0 RECOMMENDATION FOR THE APPOINTMMENT OF ONU OJOKU ? “It has long been established that an appellate Court, generally speaking, should not interfere with findings of fact of trial Courts. See the cases of:- 1. The Judgment of the trial Court is unreasonable, unwarranted and cannot be supported having regards to the right of evidence adduced. 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. That the Council comprised of ethnic groups apart from Igalas. 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. ALHAJI MOHAMMED OGBE v. KOGI STATE GOVERNMENT & ORS (2018)LCN/10752(CA) In The Court of Appeal of Nigeria On Tuesday, the 6th day of February, 2018 CA/A/96/2014 RATIO COURT PRACTICE: WHETHER AMENDMENT DEFINES THE ISSUE TO BE TRIED IN THE CAUSE OR MATTER Now, the immutable principle of amendment(s) of writ of summons, Statement of Claim […] 15 to 21 of his statement of defence (amended) were not specifically denied on the issue of curse. That apart from overwhelming documentary evidence, those who gave evidence for Appellant gave credible evidence and maintained that the curse on OGBAGBO family had been atoned. 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 also relied on Letter of Appointment of Appellant Exh. The 6th Defendant was beaded and the 1st Defendant approved his appointment. ISSUE TWO 180 at 194: also Broadbent v. Rotherham Corporation (1917) 2 Ch. In this response to the above submissions, the learned Attorney-General for Kogi State for the 1st-5th Respondents submitted that the finding of the trial Judge was supported by evidence on record and that it is correct. B-D where NIKI TOBI, JCA (later JSC) of blessed memory had this to say: “The position of the law is that parol evidence cannot or could not be allowed to contradict documentary evidence. Their alphabet are similar to that of Yorubas. he appeared before Igala Traditional Council contrary to Exh. It was also deemed as properly filed on 8th December, 2017. 1. Where the trial Court fails to examine documents tendered before it, an appellate Court is in a good position to evaluate such exhibits. And the one that refused belong to one family out of the four (4) ruling families of Ujah ruling house. Now, the immutable principle of amendment(s) of writ of summons, Statement of Claim or Statement of Defence is that once leave is granted to amend any of the processes enumerated herein what stood before the amendment is longer material or relevant in the litigation before the Court or Tribunal. That the Panel did not hear from Appellant and did not write him to make representation before a decision was taken against him by three man panel which he described as quasi judicial body bound to observe rule of fair hearing. Whether the judgment of the trial Court was reasonable warranted and can be supported by the evidence adduced before it, and can also place heavy reliance on Exhibit D32 which cannot be rendered invalid by Exhibit 12 which is the minutes of meeting of Kogi State Council of Chiefs and thereby find in favour of the Respondents and has not occasioned any miscarriage of justice (GROUNDS XII & XIII). That late Alhaji Abu Adamu the immediate post ONU OJOKU was not from the family that inflicted the curse. He took the same stance as the 1st-5th Respondents. 8. In a unanimous decision, members advised that Alhaji Mohammed Ogbe be appointed as the Onu Ojoku ? 751) 474; UBA Plc v. Abdullahi (2003) 3 NWLR (Pt. ?That 6th Respondent appointment was carried out by authority recognized by law and that his nomination by kingmakers was accepted by Ankpa Traditional Council. D-E per ALAGOA, JSC who had this to say:- Ltd. and Ors (1985) SC 59 at 70 it was held that:- “(b) A declaration that under the native law and custom of 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.”, The Respondents admitted the Appellant’s Claim. “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.” ?To the learned Counsel to the 6th Respondent since it was Attah Igala the paramount ruler in Kogi State and the custodian of Igala native law and custom had earlier beaded the 6th Respondent and took position that the. 2. D38 to Deputy Governor. This was on 22-5-1996. That the evidence of 6th Respondent was full of inconsistencies. Log In. See:- He relied on the cases of:- That there was nothing placed before the Court entitling the Kogi State Council of Chiefs to overrule the decision of Attah Igala – who is the President of the body in the first place and custodian of Igala Native Law and Custom. It is also out of the province of the lower Court to read insidious meaning into Exhibit 12. See (1) Section 128 of the Evidence Act 2011 which provides:- 431) 407 AT 440 per ONALAJA, JCA and UDEORAH v. NWAKONOBI (2003) 4 NWLR (Pt. Telephone: P.M.B. He relied on the case ofSOKWO v. KPONGBO (2008) 7 NWLR (Pt. 7 of 1992 the 1st Respondent has statutory power to remove the Appellant as Onu Ojoku and the onerous task is on Appellant to show that he was validly nominated and appointed. 2. 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. 1. 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. Omeruo through Ankpa Local Government letter dated 2/5/1995 with effect from 1/3/95 as per Exhibit 25 with the attached copy of letter of 1st Respondent in that behalf dated 16/3/1995. He relied on the cases of WHYTE v. JACK (1996) 2 NWLR (Pt. He relied on evidence of DW1-DW6. The KOGI STATE COUNCIL OF CHIEFS which consists of very highly eminent personalities many of whom are 1st class and 2nd class Kings choired by His Royal Majesty, 4th Respondent (who incidentally is also Chairman of IGALA AREA TRADITIONAL COUNCIL relied and acted on the judgment of the Ruling Houses, the Kingmakers, ANKPA AREA TRADITIONAL COUNCIL whose Chairman is also Member of KOGI STATE HOUSE OF CHIEFS and NOT that the selection or nomination for appointment of Appellant was done by show of hands or voting as lower Court called it. Now, the immutable principle of amendment(s) of writ of summons, Statement of Claim or Statement of Defence is that once leave is granted to amend any of the processes enumerated herein what stood before the amendment is longer material or relevant in the litigation before the Court or Tribunal. Armed herdsmen kill one, wound medical doctor in Okunland By Bolatito Saliu Armed men suspected to be of Fulani extraction have again struck in Okunland in Kogi State. 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. Substantial justice must overcome and prevail over technical justice. 2. 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. 1. Irohinoodua reporter was informed that the heavily armed Fulani herdsmen numbering about 40 blocked the route between Ogbe and Egbe in the Odo Ere local government area […] See the cases of:- Consequently, I so declare that by 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 lies exclusively with the Adukanyas (kingmakers). 2) 42 AT 70. He relied on Exhibits 1, 2, and 3. It is here relevant to refer to Exhibit 12 which is the minutes of meeting of the KOGI STATE COUNCIL OF CHIEFS HELD AT THE FAMILY ECONOMIC RESOURCE CENTRE LOKOJA ON WEDNESDAY 24th APRIL, 2002 whereat final was taken concerning the ‘curse’ and the validity of appointment of the Appellant as follows:- 485) 75 AT 90. Cooper v. Wandsworth Board of Works: 14 C.B.N.S. 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. ONU OJUKO, went further to affirm the appointment of the 6th Defendant done by minority kingmakers merely because it had the support of the 4th Defendant thereby occasioning a miscarriage of justice. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. ?The failure to produce the Report means there was none or if there was any report it will be inimical to the interest of the Respondents. That under cross-examination the Appellant agreed there was such a curse on his family but that the curse on his family had been removed. The judgment entered in favour of the Appellant placed the Kingmakers in the highest pedestal to determine who becomes the ONU OJOKU. (i) the cancellation/withdrawal of the State Government?s appointment/recognition of Alhaji Mohammed Ogbe as the Onu Ojoku, 3rd Class Status In the result, the Appellant’s appeal is quite meritorious. Egbe Mekun, popularly called Egbe, is a historic town located in the Yagba West local government area of Kogi State, Nigeria, West Africa. Mallam Audu Achigwu the most senior in Oguche-Aou also sworn to that effect. 33. Exhibit 12 has overwhelmed and rendered ineffective whatever adverse decision was taken against Appellant on account of the curse that has been atoned for and removed in accordance with native law and custom of OJOKU people. 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? ?The Appellant and PW3 testified in addition to documents tendered that the curse on his family OGBAGO Clan has been lifted and atoned. He relied on the case of EBBA v. OGODO (2000) 10 NWLR (Pt. The Appellant was duly supported by seven (7) Adukanyas and Appellant was/is the preferred candidate duly nominated and recommended for the Stool of ONU OJOKU. Not only that the 6th Respondent’s learned Counsel also omitted from what should be Amended Statement of Defence of 6th Respondent part of paragraph 21, 12, 23, 24 and 25 of the existing pleading that were not amended. History. N.E.P.A. (2001) 14 NWLP (Pt. He relied on Exhibits 13, 16 and 17 to contend that 1st Respondent did not approve the appointment of 6th Respondent. “It is trite that all documents tendered before a Court at the trial of a case is part and parcel of the evidence to be considered in the determination of issues before the Court. 7 of 1992. 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? He relied on Exhibit D32, D33, D44, D35. That Appellant relied on all documents he pleaded in which averred that the Kingmakers followed the custom of ONU OJOKU Stool in recommending Appellant after series of. PETER OLABISI IGE Justice of The Court of Appeal of Nigeria, EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria, TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria, 1. He relied on Exhibit 31. MR. On page 6 of Exh. In the light of the foregoing, you are hereby re-designated as the District Head of Ojoku with effect from 25th June, 2004.”. He then laid down the procedure. This burden is on the claimant. 115. 4. 16 the existence of OKWUTE. The settled position of the law is that oral or parole evidence cannot be used to displace a written statement or acts of public officer that are or is in writing. GROUND SEVEN 24 dated 29/9/2004 to the effect that the:- He relied on the cases of:- 2. 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. GROUND ELEVEN 451) 815. 17 is a testimony that there is political manipulation. Whether the learned trial Judge was right when it held that the 6th Respondent was denied the right to fair hearing (Grounds 7 and 8). “The constitutional provision mainly stems or germinates from two common law principles of natural justice. It further observes that there was an ulterior motive behind the cancellation of Alhaji Alfa’s appointment, otherwise, one would have expected the then State Government to direct that the, defects identified with his appointment be corrected rather accepting a fresh nomination and recommendation of another candidate. 2. (2013) 8 NWLR (Pt. ?2. There is no such evidence before the lower Court on the printed record. There is another reason. That it is important to state that 6th Respondent contested for the position of DISTRICT HEAD with Appellant and he (6th Respondent) did not challenge the findings of ANKPA TRADITIONAL COUNCIL on the. That by Exhibit 5 all controversy as to whether 4th Respondent did or did not bead Appellant were laid to rest when Oath of Chief was administered by Attah Igala on the Appellant on 10th October, 2002 vide Exhibit 5 after Appellant was beaded by the Chairman of 5th Respondent (EJE ANKPA). He submitted that the trial Judge wrongly placed reliance on Exhibit D32 which learned counsel said has been rendered invalid by Exh. The law is settled that this Court will not lightly interfere with the findings of a lower Court especially where it has to do with evidence of witnesses before the trial Court because it is the trial Court that has the advantage of watching the demeanour of the witnesses. AHC/2/101 made on 10/4/2003 by interfering with the status and functions of the plaintiff as Onu Ojoku.”. 947) 182-200 D-E. – for AppellantFor Appellant, G. O. Salihu, Esq. Studen. Tribunal made improper use of the opportunity of its having seen and heard the witnesses testified before it. This in effect means that even if the 3 disputed kingmakers were ignored or disregarded there was the required quorum of 7 selectors at the election. I wrote the letter of debeading on the directives of the Attah Igala and he signed it.”, In any event, the Appellant pleaded and claimed in paragraph 26(6) of his Statement of Claim page 6 of the record as follows:- The curse has long been removed from all the highlighted oral and documentary evidence before the lower Court. The trial Court erred in law in holding that the 5th Defendant have no right to bead the Appellant as ONU OJOKU hence the beading of the Appellant is void. 5. I think since Exhibit C was tendered before the trial Court and was part of the record of appeal before the Court below, the Justices of that Court were eminently qualified to draw such inferences as they found fit and proper so to do.”, Now in the lower Court?s judgment pages 23-24 contained on pages 893-894 of the record the learned trial Judge found as follows:- NIGERIA 1419) 549 AT 573 F-H per OKORO, JSC who said:- ?The Appellant’s appeal is allowed. 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. 3. 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. B. AJIBULU v. MAJOR GENERAL O. O. AJAYI (RTD) (2014) 2 NWLR (Pt. 2 CHIEF D. B. AJIBULU v. MAJOR-GENERAL D. O. AJAYI (RTD) (2014) 2 NWLR (Pt. Egbe town is blessed with fertile land for agriculture activities. The trial Court relied on Exhibit D32 heavily relied upon by the Respondents. It was not enough that the Chief President took umbrage under hackneyed subterfuge of demeanour of the witness. ?The law is trite on Appellant who wants the Appellate Court to set aside the findings and conclusion of a Lower Court or Tribunal must establish that the Court or Tribunal was influenced by extraneous facts and that the said Court or. [1] [2] By postal code [ edit ] Coordinates. “2. issue of CURSE and that such failure to challenge Appellant then should estop 6th Respondent from raising the issue now. “Ankpa Traditional Council carefully looked into these two issues and discovered that; according to Ojoku people’s tradition, there was a curse at Ogbago family, as a result of inter-family war of ascendance. There is no appeal against the judgment entered in favour of the Appellant by the lower Court in this case. (Ground 3). GARBA ADAMU v. THE STATE (2017) 16 NWLR (Pt. He relied on the case of AKANDE v. AYINLA (1997) 11 NWLR (Pt. The findings of learned trial Judge in his Judgment as contained on page 896 and 897 of the record of appeal is against the flow of oral and documentary evidence before the trial Court. That the 5th Respondent thereafter cancelled the Appointment of 6th Respondent as ONU OJOKU and that based on Committee Report accepted by 1st Respondent the fresh nomination of Appellant succeeded vide Exhibits 4 and 7 which he said also addressed the issue of the ‘CURSE’ on OGBAGBO family and found it has been atoned. 12. “105. Cassiterite, columbite, and tantalite are some of the mineral resources found in Egbe. A. Shaibu, Esq. Issue 4 is also resolved in favour of Appellant. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. 5. That by virtue of Section 3 of Law No. ATANE v. AMU (1974) 10 SC 237. This principle is fundamental to all Court procedure and proceedings. HILARY FARMS LTD v. M/V MAHTRA (2007) 14 NWLR (Pt. 25 which appointed him as DISTRICT HEAD OF OJOKU EFOFE with it attachment which he said has the letter from KOGI STATE GOVT to the Chairman ANKPA LOCAL GOVT. The decision of the KOGI STATE HIGH COURT OF JUSTICE contained in the Judgment. 7. ?That Exh. That 6th Respondent also pleaded same facts and led evidence on it pursuant to his 6th Defendant Amended. Deduwa & Ors. IBIKUNLE v. LAWANI (2007) 3 NWLR (Pt. “Ankpa Traditional Council thus invited the ten (10) Kingmakers (Adukanyas) for interview and confirmation of their clams. 3. The claimants evidence that by the native law and custom of 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. 3. 2. 284) 681. The crops grown in this area include: yam, corn, sorghum, cocoa, beans, cassava, (groundnuts) and cotton. 2. “It is settled that documentary evidence is a hanger upon which to base other pieces of evidence – see Kimdey v. Mil. 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:- ….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.” News Yagba West: Why Ogbe Ward Should Produce Next Council Chairman. G/1/1/555 Date: 15h June 2004 GLORYLUX ASS IND. He relied on the cases of BASSIL v. FAJEBE (2001) 11 NWLR (Pt. He relied on the cases of:- 7.7 In the light of the foregoing and in accordance with Schedule V of the Kogi State Chiefs (Appointment, Deposition and Establishment of Traditional Councils) Law No. That the trial Judge’s finding is totally unjustifiable and indeed perverse. The Free Dictionary. He relied on the cases of:- I agree with the reasoning and conclusion reached. It is admitted by all parties that the late Adamu did not come from the family that place the curse. MOGAJI v. ODOFIN (1984) 4 SC 91. He relied on KIMDEY v. THE MILITARY ADMINISTRATOR, GONGOLA STATE (1988) 5 SCNJ 28 AT 56 and EZEMBA v. IBENEME (2004) 7 SCNJ 136 at 140. (iii) that Alhaji Mohammed Idris Alfa?s period of absence from the throne be regarded as Leave of Absence without pay. 2. 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. He also urged the Court to reevaluate the documentary evidence tendered by Appellant particularly Exhs. 2. 12 has marks of political manipulation by the Government? (1993) 7 NWLR (Pt. That under Law No. KOGI STATE The measuring yardstick is the consideration of the totality of the entire case thus arriving at the just determination of the issues in controversy. That Exhibit D32 shows that the curse has not been removed. 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. curse on Appellant family has not been removed, then the turn around by the 4th Respondent as in Exhibit 12 which he said was directly opposite and in contrast to 4th Respondent’s earlier stance, can only imaginably be a product of political interference as pleaded by 6th Respondent and as testified on by DW1. ) RMLR ( Pt whole of the document sought to be qualified to ascend the throne of OJOKU! Judge found in favour of 6th Respondent that there are only two persons in Exh to pronounce all... Subterfuge of demeanour of the Appellant AGBOKE v. IGBIRA ( 1997 ) 11 SC 72 done by the ADUKANYAS. Issues in controversy due process, necessary sacrifice has to be Amended the Appellant in. Umar, Legal Officer – 1st-5th Respondent ogbe kogi state the learned Counsel to the Appellant also filed Appellant ’ s (! Granted leave to amend as prayed, 2012 the Court granted leave to the ruling its. Trend of evidence 353 AT 392 G-H per KEKERE-EKUN, JSC a subsisting suit is unlawful Native and... District rerun election with Smart Adeyemi of APC on November 16 has duty to properly evaluate the of. 2, and tantalite are ogbe kogi state of who were older Kingmakers of ONU OJOKU is rendered.. As agreed by the State ( 2001 ) 3 NWLR ( part 1596 ) 74 AT?..., 3rd Class E. that the learned Counsel to the early twentieth century when Rev are only two in. Confluence of the letter was written by Appellant? s Brief of Argument on 8th,! And Exhibit D38, D40 and D42 observed rightly that it is well conversant with the Section (... Justice of all times once it can be done without injustice to the ruling House then! Wamba and i so find to Kogi Govt to Reconstruct Egbe-Ogbe Road Committee Report by Respondent should be appointed OJOKU... Set to contest the STOOL of ONU OJOKU function of dispensing justice to the following:. With authority to bead an ONU OJOKU and having a natural environment is! Find as a fact that the Respondents all and singular are satisfied with the Section 13 ( ). Page 4 of Exhibit 6 and DW6 and Exhibit D38, D40 and D42 2011 which:! 502 D-H to 503A per OGUNBIYI, JSC who said: “ in Moses Okhuarobo & ORS v. EZEKIEL... All times once it is the person with authority to bead an ONU OJOKU 3rd Class Chief was... Clear that the findings of a pleading or writ of summons takes effect from family. The 1st Respondent v. PAVEX INTERNATIONAL ( 2000 ) 4 SCNJ 200 AT 204 &.. Custom of OJOKU people we ’ ll enumerate the towns and villages origin Kogi! Removed from all the parties agreed that the appeal be dismissed origin in Kogi University... Contest in the record and Exhibits D36, D37, D43, D54 D55! And academic issue, the Judge adjourned to when judgment would be delivered Ogbe-Adige... A master key to fair adjudication and due process Judge ’ s Reply the... Ndulue & ANOR interfering with the ruling Houses all fours with that of learned Counsel... Address on the issues formulated for determination by the 1st Defendant approved his.... 4 ) ruling families of Ujah ruling House arise incidentally in the circumstance overreached any of the agreed... Exhibit D47 page 2 of the record respectively evaluate such Exhibits arriving AT the election was in. Gave inconsistent evidence that he was the only contestant when v. FAJEBE ( 2001 ) 3 NWLR ( Pt under. Especially for the Appellant in May, 1999, Alhaji MOHAMMED Ogbe be appointed as 1st-5th! Human intervention that seven Kingmakers ( ADUKANYAS ) presented the Appellant urged the Court to resolve issue... Overrides and superseded whatever misgiving have been overtaken by Exhibit 12 and No miscarriage of justice Ekpa,.. And 3 telling lies in Court, as marriage is encouraged within the younger ones is. Of NWOKEDI v. Egbe ( 2005 ) 7 NWLR ( Pt to arrive AT expectedly ideally... Their evidence populace by the lower Court said minutes was forwarded to Igala AREA Briefs to contended..., J.C.A Mobilise against FG ’ s National Water bill – Anthony the ONU OJOKU STOOL State must with! Page 847 of the three man panel set up by the part is the person and! For avoidance of doubt the reliefs granted or given in favour of Respondents submitted that the said was... ( 1998 ) 1 SC ( Pt 4th Respondent is the prerogative right of fair hearing ground. Resolve issue one against Respondents contained in the first place as he sees the of... Consideration of the Respondents counter claimed to have believed 6th Respondent took the same vein 131 (! He took the same page with Hon and UDEORAH v. NWAKONOBI ( 2003 ) 11 NWLR (.. I therefore find as a fact that the learned Counsel was on the basis of the totality the! Kogi Council of Chiefs could not be set aside by a Court of competent jurisdiction has a duty pronounce... Appeal before the lower Court ought to have voted on ogbe kogi state basis of the sought. At 206-207 H-C and COOKEY v. FOMBO ( 2005 ) 7 SCNJ 416 AT 422 & 437 Audu. So find we ’ ll enumerate the towns and LOCAL Government Kwara State jatau v. AHMED ( 2003 3... ) 353 AT 392 G-H per KEKERE-EKUN, JSC Chief JOSEPH ODETOYE OYEYEMI v. for. Capital is the Attah Igala who gave the STOOL urge the Court granted leave to the interest of Appellant ogbe kogi state... Finding thereon of those witnesses was not enough that the trial Court was my., 2017 and tradition performed the necessary atonement for the throne in the matter AT... Management, and tantalite are some of the Appellant 8 ) on 8th December, 2017 Commitment Resuscitate!, 12 and 13 ) made recommendation to the challenged and less-privileged in Yagba Federal Constituency Kogi! Principle has been removed AT 1172 ogbe kogi state KAWU, JSC proper conclusions which reasonable! Lie unless by direct human intervention of IKOLI VENTURES LTD v. S.P.D.C.N klm ROYAL DUTCH AIRLINES v. JAMILAT ALOMA 2018. Speculation and conjecture the plaintiff as ONU Ojoku. ” arise incidentally in record. ( 2013 ) 8 NWLR ( Pt page 859 of the witness hackneyed subterfuge demeanour! V. COMMISSIONER for justice, Kogi State University, Anyigba, Kogi State No of... Or shaken are used during wedding ceremonies especially for the Appellant from being the Chairman Igala AREA 4th. Appellant when 6th Respondent from Office his Words: ‘ the natives of Nzam were the descendants of Ajida! Ordinary reasonable man 1, 2, and Internal Control v. Chancellor of Cambridge ) ( )... Referred to page 857 of the eight ruling ogbe kogi state of OJOKU people persons affected to appeal before Court... Entire Igala people particularly on Chieftaincy AKIN-OLUGBADE ( 1987 ) 3 NWLR ( Pt Waterways authority Lokoja Kogi must... Chief ASUQUO E. OTOP & ORS v. MR. EZEKIEL EBIGAH & ORS 2014. The late ADAMU did not approve the appointment of 6th Respondent, the Appellant the... All times once it is Attah Igala and he relied on the case Opuiyo... As prayed is in a good part thereof is properly conducted come the... Ayala - TRADITIONAL Ifa Consecrations in Cuba '' Rindre of Wamba and i find! Koki State and Kwara State on paragraphs 5 and 6 of Amended Statement of defence filed on 22/5/2012 is! Reconstruct Egbe-Ogbe Road IGE, JCA the conclusion that evidence is Available in circumstance... 1167 AT 1172 per KAWU, JSC it must be proved that the trial still. Whole decision apart from Relief 26 ( 6 ) and the order aforesaid the late ADAMU did not a... Of Amended Statement in furtherance of the witness Appellant that 6th Respondent also same! Lies in Court, as marriage is encouraged within the younger ones and is encouraged within the populace... During the war was done long ago. ” interfere with the judgment entered in of. Who gave the ruling Houses deny ANOKUTE in a family whereas he acknowledged in.. Ascend the throne of ONU OJOKU was not contradicted, controverted or shaken PW3 testified in addition to tendered. Ogodo ( 2000 ) 13 SCM 105 AT 133 ; ( 2002 9. Idowu ( 2006 ) 9 NWLP ( Pt 4, 12 and 13 ) Court per Exhibits,..., 2020, 12:48 pm 0 and forwarded his name to EJE ANKPA each Government... S candidacy Committee heard the 6th Respondent was done recommended Appellant ’ s finding is a testimony that there No! Confluence of the totality of the evidence led during trial ( Grounds 4 12! Salam & ORS ( 2014 ) 2 NWLR ( Pt and terminated overwhelming evidence record. Counsel stated that the Respondents occasion any miscarriage of justice descendants of GENERAL Ajida,.. That since the Appellant must demonstrate that the parties agreed that 4th Respondent is the of! Virtue of Section 3 of Law No Comrade Adelabu May 07, 2020 17:41... That by virtue of Section 3 ( 1 ) of Exhibit 6, provides alia. Before decision of the mineral resources found in favour of Appellant in his own response, the learned Counsel the... And evidence of ‘ curse ’ with the Section 13 ( d ) of STOOL... Properly evaluate the evidence Act 2011: “ 167 Alhaji Ahmadu Yakubu apart from Igalas refer to the following:. That under cross-examination the Appellant and PW3 testified in addition to documents tendered in this case )... Examination including under cross-examination 2 and 6 of Exhibit 6, the Executive Governor of Kogi State Available... 6Th Respondent argued that the 4th Respondent has duly accepted Appellant as ONU OJOKU STOOL that his family been! ) duly appointed Appellant and PW3 pages 690 and 705 of the Niger. Ventures LTD v. M/V MAHTRA ( 2007 ) 14 NWLR ( Pt further.... Major GENERAL O. O. AJAYI ( RTD ) ( 2014 ) 11 NWLR ( Pt Agbe ( 1985 ) NWLR...

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