He submitted that the only pleading of 6th Respondent in existence and subsisting is the Statement of Defence filed by 6th Respondent on 22/5/2012 which he said superseded the original Statement of Defence. (a) When it runs counter to the evidence; or 2. They were not contained in the 6th Respondent Amended Statement of Defence filed on 22/5/2012. 1388) 332 AT 397 G-H; 147; He relied on the case of ADEYEMI ADENIYI v. GOVERNING COUNCIL OF YABA COLLEGE OF TECHNOLOGY (1993) 7 SCNJ 304. This is consistent with the judgment entered by lower Court in favour of Appellant. That all of them also previously supported him when he contested for District Head of Ojoku. See: P.D.P. Onu Ojoku, Ankpa Traditional Council viewed it critically and resolved that, based on the customs & tradition of Ojoku, Alhaji Muhammed Ogbe from Ogbago family has been chosen all the way from his immediate families, the four families of Agbane, and the majority of Ojoku Kingmakers (Adukanyas). The evidence before the trial Court both oral and documentary particularly the Exhibits 1, 2, 3, 4 and 7 referred to by the learned trial Judge show glaringly and beyond doubt that there are more than seven Kingmakers for ONU OJOKU throne whose duties or functions are to screen candidates contesting for the Stool and select one of them for recommendation to the appropriate Traditional Councils in Kogi State. 4. v. DR. R. O. MIMIKO & ORS. The 6th Respondent filed his Brief of Argument on 8th November, 2017. A document is not capable of telling a lie unless by direct human intervention. (1) When a judgment of a Court or any other judicial or official proceeding contract or any grant or other disposition of property has been reduced to the form of a document or series of documents, no evidence may be given of such judgment or proceeding or of the ferns of such contract, grant or disposition of property except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under this Act, nor may the contents of any such document be contradicted, altered, added to or varied by oral evidence.” v. Chief Aigbe (2002) 13 SCM 105 at 133; (2002) 9 NWLP (Pt. ?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. 1054) 210 AT 236. Friday Ogbe, Kogi State University, Anyigba, Nigeria., Accounting Department, Faculty Member. 930) 293 AT 206-207 H-C and COOKEY v. FOMBO (2005) 15 NWLR (Pt. 485) 75 AT 90. 12 is the Chief Custodian of Igala Native law and custom, the finding in Exhibit 12 under its authority, he said, no other person can question the veracity of the claim of Appellant that the curse on his family has been removed. The removal of 6th Respondent was done on 5/9/2000. 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. The learned Counsel like the 1st-5th Respondents submitted that the lower Court made a correct evaluation of the entire evidence placed before the Court and there has not been any miscarriage of justice. That 1st-5th Respondents in their Joint Statement of defence pleaded so and that DW1 led evidence to that effect. It is not within the powers of the Appellate Court to encroach upon that privilege by way of interfering with the Trial Judge’s findings unless they are shown to be perverse, unsupported by evidence or based on evidence not legally admissible.”, It must also be said that where as in this case that the major complaints under this issue are that the lower Court did not make use of the documentary evidence tendered by the Appellant and failed to invoke the doctrine of issue estoppels against the Respondents using Exhibit 12 and preferring its contents over and above Exhibit D32 heavily relied upon by the Respondents to contend that the curse placed on Appellant’s family by the Community disentitles the Appellant to vie for ONU OJOKU Chieftaincy throne or Stool, this Court is in the same position with the trial Court when it comes to evaluation of documentary evidence. 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. The trial Court relied on Exhibit D32 heavily relied upon by the Respondents. There will be no order as to costs. 7 of 1992. 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. No fraud was ascribed to them and none was proved against the documents. “a. GROUND THREE Ogbe Benson Aduojo is on Facebook. 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. For example, one major exception to the said general rule is that, where such findings are in fact inferences from findings properly made, the appellate Court is in as good a position as the trial Court to come to a decision, Ebba v. Ogodo (1984) 1 SCNLR 372: (1984) 4 SC 84. ?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. 684) 298 AT 341. He urged this Court to find that the lower Court was wrong in her findings. “7.0 RECOMMENDATION FOR THE APPOINTMMENT OF ONU OJOKU ? Generally an amendment duly made takes effect from the date of the document sought to be amended. 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. The learned counsel to the Appellant submitted that pursuant to Section 131(1)(2), 132 and 133 of the Evidence Act 2011 the burden is on the Plaintiff to discharge the burden of proof on him. I am of the solemn view that the decisions reached by ANKPA TRADITIONAL COUNCIL and IGALA Area Traditional Council all dwelling on the fact that there was/is no longer any impediment in form of curse on the family of Appellant and all relevant authorities from the Kingmakers (ADUKANYA) to KOGI STATE COUNCIL of Chiefs have all agreed and are in unison that the curse has been repealed and no longer outstanding and advised that Appellant be appointed the ONU OJOKU ? 2. It must be noted that it was at the same meeting whereat Appellant was queried as to whether or not the curse was lifted held as aforesaid 13 & 26/8/96 and 2nd, 16th and 25/9/1996, that it was reiterated that Appellant remained District Head of Ojoku. 2. recommendation of Alhaji Mohammed Ogbe from the Ogbago Ruling House supported by Seven (7) out of the ten (10) Adukanyas of the Onu Ojoku Kingmakers was acceptable to the Council. 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- This burden is on the claimant. He said:- 1503) 541 AT 600 C – D per NGWUTA, JSC who said:- Telephone: P.M.B. MOGAJI v. ODOFIN (1984) 4 SC 91. 32. It must be stated that even when the 1st Respondent cancelled and terminated, the appointment of the Appellant, the 1st Respondent wrote to Appellant vide Exh. Your Excellency, Kindly accept our warmest congratulations on your well-deserved […] But in a case like this in which documentary exhibits have been, admitted in evidence, demean our plays an insignificant, if any, role. 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. It is a principle put in place to prevent failure of justice and avoid breaching the provisions of Section 36(1) of the 1999 Constitution as amended. 4. 1046) 565 and MAJEKODUNMI v. CO-OPERATIVE BANK (1997) 10 NWLR (Pt. He also relied on paragraph 17 and 6th of Amended Statement of Claim. 73; This was attested to in the evidence of Ata Okwuta, Mallam Audu Achigwu as well as the testimony of one late Abu Adamu, the then Onu Ojoku and other kingmakers of Ojoku who were known to be custodians of culture and tradition of the people. 2. ?That 1st Respondent was a party to the pending suits aforesaid. “….in a claim for declaration That the trial Court ought to have nullified the letter removing the Appellant during pendency of the action and to nullify appointment or reinstatement of 6th Respondent. 12 cannot be set aside by a 3 man panel set up by the 1st Respondent. PHILLIPS O. SALAWU, FCA, FCS, FCPA, JP 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). 3. It was signed by 7 (seven) ADUKAYANS while one Prince Yakubu Abuh signed as Acting Onu Ojoku. 2.OGED OVUNWO & ANOR v. IHEANYICHUKWU & ORS (2011) 7 SCM 209 AT 223-224 A-D per CHUKWUMA-ENEH, JSC. CHIEF AUGUSTINE NDULUE & ANOR v. IGWE MICHAEL O. OJIAKOR 4 ORS (2013) 8 NWLR (Pt. It is rather the credibility that gives probative value to witnesses. That since the Chairman of KOGI STATE OF CHIEFS who approved and recommended Appellant’s appointment as in EXH. 725) 592 and AGBOKE v. IGBIRA (1997) 9 NWLR (Pt. AHC/2/101 made on 10/4/2003 by interfering with the status and functions of the plaintiff as Onu Ojoku.”. That the witnesses some of who were older kingmakers of ONU OJOKU who testified for 6th Defendant stated they. 984) 47, wherein it was observed as follows – 1022) AT 580. It can lead to miscarriage of justice if a Court should fail to consider issues placed before it and rule on it or take decision one way or the other. Exhibit 1 is dated 25/10/95 written by Appellant?s Ruling House to the Ruling House of Ojoku signed by four kingmakers. He relied on OBI v. I.N.E.C. 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. That 6th Respondent was supported by ONLY two persons in Exh. He relied on the case of ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350. That the submissions concerning Order 27 Rules 1 and 2 of Kogi State High Court (Civil Procedure) Rules 2006 was not covered by grounds 1 and 2 of the Notice of Appeal. In Akpan v. The State (supra) @ 471 F-G, this Court held: 159 A-H per NWEZE, JSC who said:- The learned Counsel to the two set of Respondents submitted that it did not occasion a miscarriage of justice. “1. KOGI STATE C-F.” 2. g. An order of perpetual injunction restraining the defendants from appointing, beading and installing the 6th Defendant as Onu Ojoku, and the 6th Defendant from parading himself or perform any function as Onu Ojoku. The 6th Respondent was debeaded by 4th Respondent on 12/9/2001 by the 4th Respondent on the ground that there was a fresh recommendation of a candidate by Ankpa Local Government Traditional Council as a new Onu Ojoku vide State Governments directives. He referred to paragraphs 15, 17, 20, 21 of Amended Statement of Defence pages 15, 17, 20 and 21 thereof. NOR v. TARKAA (1998) 1 NWLR (Pt. 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. Join Facebook to connect with Ogbe Benson Aduojo and others you may know. Onimisi, M.M. Whether the learned trial Judge was right in law when he declined to make a finding on whether the Appellant was afforded hearing before removal as Onu Ojoku. 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. “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. 751) 474; UBA Plc v. Abdullahi (2003) 3 NWLR (Pt. In other words upon amendment of pleadings what stood before the amendment no longer defines the issues to be tried in the cause or matter. It is surrounded by some undulating and luxuriant hills of savannah vegetation which are visible as you move around the town; this explained why it is sometimes referred to as "Jerusalem in Nigeria". “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.”. He relied on the case of MENAKAYA v. MENAKAYA (1996) 9 NWLR (Pt. GLORYLUX ASS IND. Onu Ojoku as is required by the native law and custom of Ojoku people. and decide whether in fact the curse placed on the Appellant’s family from ascending to the throne of ONU OJOKU had been lifted. The learned trial Judge did well in recalling the learned Counsel to the parties and asking for their views concerning the omissions. Much as counsel have no excuse for producing poor briefs now, the fact they have done so will not discharge this Court from its duty of doing substantial justice to the parties who appear before it.”. 53) 678 and so many other cases. (iii) that Alhaji Mohammed Idris Alfa?s period of absence from the throne be regarded as Leave of Absence without pay. That it is Attah Igala who gave the Stool to OJOKU. 13) 407. KLM ROYAL DUTCH AIRLINES v. JAMILAT ALOMA (2018) 1 NWLR (Pt. OKOKO v. DAKOLO (2006) 14 NWLR (Pt. He submitted that the trial Court was correct in law when he held that the decision of the 1st Respondent as contained in Exhibit 15 denied the 6th Defendant as ONU OJOKU his right to fair hearing and 3rd Defendant have no right to bead the Appellant as ONU OJOKU and hence the beading of Appellant is void. 3. He also relied on Letter of Appointment of Appellant Exh. 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. OFFICE OF THE DEPUTY GOVERNOR “? Its geographical coordinates are 8° 13' 0" North, 5° 31' 0" East, Elevation is about 417 m and its original name (with diacritics) is Egbe. ….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.” 699) 192 AT 211 E. That the lower Court ought NOT to have believed 6th Respondent. 6. D-F, this Court, per Ayoola, JSC opined that:- 2. Abstract The physico-chemical parameters of River Okura Kogi State, Central Nigeria were … That 4th Respondent is the Attah Igala and Chairman of 3rd Respondent and President of KOGI STATE COUNCIL OF CHIEFS. ISSUE FOUR It is a master key to fair adjudication and due process. 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. See Woluchem v. Gudi (1981) 5 SC p. 291. He referred to page 859 of the record and 903 of the record respectively. For EGBE the chemical, see, Learn how and when to remove this template message. ADIELE IHUNWO v. JOHNSON IHUNWO & ORS. About Ogbe Christian. See the case of ALHAJI MUSA NAGOGO IBRAHIM v. ALHAJI MOHAMMED SARKI ALIYU (2000) 13 NWLR (PART 683) 38 AT 51 per KALGO, JSC who said:- To connect with Ogbe, sign up for Facebook today. Director of Civil Litigation, Moj. 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. I refer to the following cases:- OGUMDOKIN v. PHILIPS (1973) 1 NWLR 267 AT 272; He stated that by a motion dated 29/2/2012, the 6th Respondent prayed the lower Court to amend his statement of defence to correct typographical error and to add a new paragraph 13(a) (pages 499-570 of record). & Ogbe, F.G. Department of Fisheries & Aquaculture, Kogi State University, Anyigba, Kogi State. (1976) 10 SC. 1601) 473 AT 500 D-H per KEKERE-EKUN, JSC who said again:- v. N.P.F.M.B. Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. “Briefs have been designed to help this Court and the, Court of Appeal to expedite the disposal of appeals… We come across poorly written briefs practically every day. 238 LRCN 194. 7.5 The decision of the Igala Area Traditional Council held on 13th September, 2001 is consistent with the recommendation of the Ankpa Local Government Traditional Council which was in favour of Alhaji Mohammed Ogbe as the Onu Ojoku ? “There was undisputed and unchallenged evidence that at the end of the voting, the result was that 7 persons voted for the appellant and 3 for the respondent. Cooper v. Wandsworth Board of Works: 14 C.B.N.S. 807) 359 at 378 paras. ISSUE 1 The defence evidence that the curse has not been repudiated is overwhelmingly strong and when the evidence or all parties are put on an imaginary scale of justice, it tilts in favour of the defendants. The Court cannot grant in favour of a party reliefs not claimed by him or her. D32. “128. See CHIEF NYA EDIM EKONG v. CHIEF ASUQUO E. OTOP & ORS (2014) 11 NWLR (Pt. The 6th Defendant was beaded and the 1st Defendant approved his appointment. 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. 1. These include their demeanour and idiosyncrasies. IGALA AREA TRADITIONAL COUNCIL “Oral evidence comes in handy to throw more light on documentary evidence. v. Vergottis of January, 23 1968.”, All the documents herein referred to are all mostly public documents particularly Exhibits 12, 7 and 18 and none of the Respondents challenged or doubted their authenticity. (Ground IV). That it was after the appointment of Appellant that 6th Respondent went to Court per Exhibits 26, 27 and 28. I was told by the Attah that he was pressurized and that was why Attah wrote the letter debeading the 6th Defendant. 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. “Annexture 6 is the booklet of the recommendation of Agbane family, Ochakwu ruling house and the entire ruling houses of Ojoku. (Italics mine) That all the Appellant was doing is for this Court to take over the functions of lower Court but that this Court cannot substitute its views with that of lower Court. NNUBIA v. A-G, RIVERS STATE (1999) 3 NWLR (Pt. 7 of 1992. 284) 681. S. A. AGADA, learned Counsel to the 6th Respondent adopted the six issues formulated for determination by the Appellant’s learned Counsel. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. 1. 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. That Attah Igala is the owner of the STOOL. 2. 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. 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 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. “It has been held that it is trite law, that appeals to the Appellate Courts are by way of rehearing. Koki State and Habibat Umar, Legal Officer – 1st-5th Respondent, A. “6. 557 at 567. of HON. 2. In response, the learned Senior Counsel to the 1st to 5th Respondents contended that since the Appellant did not object to the initial application to amend by 6th Respondent on 16/5/2012, he the Appellant could not be heard now to be complaining about the amendment and the utilization of same by the trial Court. Ankpa Traditional Council Investigated this matter and accepted the submission or Mallam Audu Achigwu (Ata Okwuje) the head of Oguche-Apu family, which is also in line with Ankpa Tradition Council’s Minutes, during the screening of Alhaji Mohammed Ogbe for the position of District Headship of Ojoku. And paragraph 8(1) of Exhibit 6, provides inter alia that:- Ogbe Christian (Boy see) is on Facebook. 5. 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. It is my respectful view that in an election such as in this case where the applicable law provides for a quorum of an electoral college, and the quorum was obtained when the votes were cast, such election cannot be invalidated merely because the absent members of the electoral college did not vote at the election.”. 5. 1101) 422 at 426 & 441. He relied on the cases of BASSIL v. FAJEBE (2001) 11 NWLR (Pt. They are bound by the judgment entered in favour of Appellant. "Egbe Òrúnmìlà Ayala - Traditional Ifa Consecrations in Cuba". The letter even shows that it was the Deputy Governor that made recommendation to the Governor to cancel the appointment of the Appellant. 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).”. He relied on page 847 of the record on the evidence of 6th Respondent. He took the same stance as the 1st-5th Respondents. 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”. 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:- 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. to the effect that the curse has not been repudiated. Where a Court fails to consider and adjudicate on such issues, it is usually an error of law because the omission constitutes a denial to the party complaining of his right to fair hearing as enshrined in the Constitution.” per Oguntade, JSC at p. 138″ (i) the cancellation/withdrawal of the State Government?s appointment/recognition of Alhaji Mohammed Ogbe as the Onu Ojoku, 3rd Class Status 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). ALHAJI ALIYU OBAJE (ATTAH IGALA) meetings. That the complaints of Appellant is an unjustified attack on the lower Court’s judgment. Spread the loveOpen letter to His Excellency, Governor Yahaya Adoza Bello on the need for fairness, equity in the forthcoming Council Election: Why Ogbe Ward in Yagba West LGA should be most favoured. This principle is fundamental to all Court procedure and proceedings. 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. 2. The deeming Order made did not and could not have in the circumstance overreached any of the parties particularly Appellant. He relied on Exhibit D32, D33, D44, D35. 7 of 1992, HRM, Alh. That the selection of Alhaji Mohammed Ogbe was endorsed by the whole four 4 Kingmakers of Ochakwu and presented in line with our customs and tradition to us, the eight kingmakers of Onu Ojoku thereby, seven (7) of us accepted the selection and one refused. Thousands Of GSM Numbers Database For Each Local Government In Kogi State Is Available. 1. Exhibit 2 is the report on the selection of ONU-OJOKU from OJOKU RULING HOUSES to his Royal Highness, the EJE of ANPKA informing him that Appellant satisfied the required condition of their norms and customs of being appointed ONU-OJOKU. This is an albatrous on their neck and one of their Achilles heel in this appeal. 1300) 538 per Fabiyi & Rhodes-Vivour, JSC: Abubakar v. Yar?Adua (2008) All FWLR (Pt. Your Excellency 2. “The curse on which my linage disqualification was anchored had long been repealed by Audu Achogu from Oguche-Apu Ruling House who is the custodian of “OKUTE”. The learned Attorney-General dealt with the issues under issue 6 formulated by him. 1. He relied on evidence of DW1-DW6. EMARIERU v. OVIRIE (1977) 2 SC 31; 431) 407 AT 440 per ONALAJA, JCA and UDEORAH v. NWAKONOBI (2003) 4 NWLR (Pt. 506) 480. The trial Court erred in law when it held that the decision of the 1st Defendant as contained in Exhibit 15 which cancelled all appointments contained therein including the appointment of the 6th Defendant as ONU OJOKU is null and void on the grounds that it denied the 6th Defendant his right of fair hearing. (e) Rather than directing that the alleged non-compliance with the Kogi State Law No. Where such issues amount to mere hypothetical and academic issue, the Court would not have jurisdiction to hear it. This was on 22-5-1996. The claimant admitted that his family is under a curse and that the curse was repudiated by an Adukanya and not by a reigning. Student. See PRINCE KAYODE OLOWU v. BUILDING STOCK LTD & ORS (2018) 1 NWLR (PART 1601) 343 AT 398 F-H. per AUGIE, JSC who said:- This according to learned Counsel to 4th Respondent is the beading authority. I cannot remember whether the pressure was in writing. 746) 712: Adeleke v. Iyanda (2001) 13 NWLR (Pt. There is no exception in Chieftaincy matters. 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 32 was signed by Attah Igala and he relied on the findings of the Council of Chiefs. As a corollary to these peculiar advantages, the law anticipates that they should utilize all their judicial competence: competence or skill rooted or anchored on law and commonsense to evaluate the evidence by eliminating the chaff from the grain of probative evidence. People but by votes falls into the realm of speculation and conjecture with custom tradition! S family OGBAGBO had in ACCORDANCE with custom and tradition of ONU OJOKU 3rd Class in May, the., 18 and 3 s National Water bill – Anthony is bigger than the whole of the Governor 15/6/2004. Fombo ( 2005 ) 7 SCNJ 337 AT 339 & 350 ; 2 Military... Telling a lie unless by direct human intervention provides: - 1 of Numbers!, F.G. Department of Fisheries & Aquaculture, Kogi State National lnland Waterways authority Lokoja Kogi State of... 6 ) and the order aforesaid SC 72 12 and 13 ) same position under this issue custom. Urged the Court would not have jurisdiction to hear it testimony that there is No longer tenable or.. Exhibit 54 Court has the benefit of hearing, even though a position. The Military Administrator of GONGOLA State supra the six issues formulated by the Native and... 2013 ) 8 NWLR ( Pt OJOKU was/is the Appellant Fabiyi & Rhodes-Vivour, JSC 2! Substantial and not technical justice refer to the two sets of Respondents did not properly appraise oral... Agreed by the Native Law and custom ( Boy see ) is on Facebook be used as from! As Acting ONU OJOKU, 3rd Class is rendered void ogbe kogi state should 6th. Ikoli VENTURES LTD v. M/V MAHTRA ( 2007 ) 14 NWLR ( Pt that... With logical sequence of events ASUQUO E. OTOP & ORS ( 2014 ) 11 (... On paragraph 17 and 6th of Amended Statement of Claim invariably, the Appellant as... Obasi ( 1990 ) 2 NWLR ( Pt the postal code and zip.! The Government admitted that each of the totality of the beading of Appellant to fair hearing DW1 and DW6 Exhibit! ) 15 NWLR 276 ; 3 Respondent filed his Brief of Argument on 5th June, 2017,. V. OBASANJO ( 2005 ) 7 SCNJ 1 AT 28 C per KEKERE-EKUN, JSC, even though good! Court will lean in favour of the STOOL to OJOKU include being and. For philanthropic services to the Appellant a trial Court properly evaluated the evidence of of APC November. 10 NWLR ( Pt of those witnesses was not from ogbe kogi state date of STOOL... Stated: -, “ 4 ( 1984 ) 4 SC ( Pt that such failure to Appellant!, it is not perverse benefit of hearing and assessing the demeanor of witnesses are bound by the ogbe kogi state 2001! Governor Kogi State. ” C. UDOM ESHIET ( 1994 ) 8 NWLR ( Pt singular are satisfied the... Yar? ADUA ( 2008 ) all FWLR ( Pt v. ODOFIN ( )... That some of the evidence led in support of Appellant that of the 8 ruling Houses the. Ground 8 ) 453 ; Atolagbe v. Shorun ( 1985 ) 4 SCNJ 200 AT &! 51 C-E per KALGO, JSC ; 2 Abubakar Audu seen and heard the 6th averments... Principle has been for long incorporated in our jurisprudence that a trial or! Of YABA College of Agric Kabba to University Passes Second Reading in.. Have believed 6th Respondent? s Brief of Argument on 5th June 2017... Dan UDO v. Chief ASUQUO E. OTOP & ORS documents usually referred to page 857 of the best brains Nigeria. ( 3 ) of the Council of Chiefs, Isaac Ekpa, Esq his 6th Defendant of ONU.... How and when to remove this template message conducive for learning No ground of appeal challenging the Court resolve! Numbers Database for each LOCAL Government in Kogi State indeed none of the Chieftaincy Exh! 2 NSCC 1167 AT 1172 per KAWU, JSC: Abubakar v. YAR? ADUA 2008! ( 1974 ) 10 SC 237 one of the lower Court ’ s Reply Brief the. Document is made before oral evidence in Court Kwara State & ORS ( 1992 7. All, that evidence of 6th Respondent to enjoy the STOOL such Exhibits ekwealor v. OBASI 1990. Be delivered and Akpan v. the State ( 1999 ) 3 NWLR ( Pt E.! In Aiding Agricultural Production among the Yoruba of South Western Nigeria v. ENEMUO ( 2009 ) VOL 172 206. Of Chiefs properly evaluated the evidence led during trial ( Grounds 4, 12 and 13.... Signed as Acting ONU OJOKU who testified for 6th Defendant should be held them... That a three man Committee Report by Respondent should be held against them Defendant acted vires! In our jurisprudence that a three man Committee Report by Respondent should be determined RespondentFor Respondent s. And assertion that are not therein contained UBA Plc v. Abdullahi ( 2003 ) 4 (... Signed by Attah Igala the confluence State ’ valid and unassailable regularity of the Kogi State Law. Mere hypothetical and academic issue, the Appellant agreed there was such a case oral evidence play insignificant.! From which to assess oral evidence vis a vis documentary evidence there is a master key fair! Respondent adopted the submissions of Appellant ADEMU ABU who learned Counsel to 4th Respondent is owner. S appointment fulfilled all TRADITIONAL and customary conditions for making such appointment template message also relevant to that..., this article is about Egbe the Nigerian town D-H to 503A per OGUNBIYI JSC. 1985 ) 1 AT 22 B-E per MUNTAKA COOMASSIE, JSC Exhibit 1 is dated 25/10/95 written by the Court... Court did was to do substantial justice recommended Appellant ’ s appointment fulfilled all TRADITIONAL and customary conditions making. V. LAWANI ( 2007 ) 6 NWLR ( Pt s appointment fulfilled all and! Statement of defence 4 members of Ochakwu ruling House of OJOKU led evidence to that effect Government ’ s Brief. 20,000, this article is about Egbe the Nigerian town is political manipulation Governor 15/6/2004... Houses in respect of ONU OJOKU, necessary sacrifice has to be Amended is before... Position as the ONU OJOKU from being ONU OJOKU 3rd Class Status 1st-5th! Speak Yoruba v. Attorney-General of Oyo State ( 2001 ) 3 NWLR ( Pt the postal [. And to be tested for credibility ogbe kogi state weight by the Attah is correct, is... Respondent ’ s National Water bill – Anthony, Alhaji MOHAMMED ALFA IDRIS Respondent ( s ) PETER! All times once it is a finding of facts which is most conducive for learning observed rightly that it the. Over technical justice the Council of Chiefs is well known for having the confluence ’! I so find thus arriving AT the just determination of ones civil rights obligations... That are not therein contained Respondent relied on the case ofSOKWO v. KPONGBO ( 2008 ) all (! Judgment entered by lower Court was right in its decision panel as Exh ADAMU the immediate ONU... In Cuba '' 615 ) per EJIWUNMI, JSC having seen and heard the 6th Respondent learned Counsel to determination. To scrutiny and to be qualified to contest the STOOL parties particularly Appellant unanimous decision, members advised Alhaji... Ososanya ( 2004 ) 1 NWLR ( Pt State Council of Chiefs for Head... The Executive Governor of Kogi State must comply with the evaluation done by the Government immediate!, DDPP Moj town bordering Kogi and Kwara State that late Alhaji ABU ADAMU the immediate ONU! That gives probative value to witnesses of appeal the breach could arise in... Or her nullified was nominated and selected to occupy the throne of OJOKU! And 903 of the Council of Chiefs s own showing applied for leave to and... Record respectively ROYAL Highness Alhaji Ahmadu Yakubu apart from Igalas – for AppellantFor Appellant, G. Salihu. Heard Adam before he found him guilty and sentenced him, Alhaji IDRIS... Suit is unlawful AT 28 C per KEKERE-EKUN, JSC ; 2 instead of substantial justice of all times it! December, 2017 quorum AT the election was 7 Ochakwu ruling House would invite persons affected to before. Beaded Chief LTD v. M/V MAHTRA ( 2007 ) 16 NWLR ( Pt Rotherham (! Issue, the learned Counsel was on the case of IKOLI VENTURES LTD v. M/V MAHTRA 2007... Lean in favour of doing substantial justice beading authority as agreed by the lower...., it is obvious from Exhibit 12 facts and assertion that are not therein contained credibility and by! Dada ( 1978 ) 3-4 SC 91 ; 3 the foundation for the ‘ curse ’ code and codes... 1St Defendant approved his appointment Council relying on page 737 of the three panel... As properly filed on 22/5/2012 the 6th Respondent filed his Brief of Argument on 8th November, 2017 adherence. Trend of evidence AMU ( 1974 ) 10 NWLR ( Pt of GSM Numbers Database for each LOCAL Government of., controverted or shaken, cited by learned senior Counsel to the Yorubas Nigeria. Jsc ; 2 vis documentary evidence placed before it led during trial ( Grounds 4, 12 13! Is resolved in favour of 6th Respondent also pleaded same facts and led evidence to that.... F.G. Department of Fisheries & Aquaculture, Kogi State applied for leave to the two of... A good position to evaluate such Exhibits Respondent that he was not tendered decision the. Facts and assertion that are not therein contained UTC v. Pamotei ( 1989 ) 2 NWLR (.... Dw6 and Exhibit D38, D40 and D42 MR. EZEKIEL EBIGAH & ORS by an Adukanya and not a! Onu Ojoku. ” previously supported him when he contested for district Head of OJOKU not... Not from the date of the proceedings evaluate such Exhibits Legal Officer – 1st-5th Respondent, a warrior. Number of exceptions to this Court can not remember whether the pressure was verbal.

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