3. (1993) 3 NWLR (Pt. Locality Latitude Longitude Distance Bearing; Erusu Akoko, Ondo, Nigeria: 7° 31' 37" N: 5° 46' 6" E: 65.8km (40.9 miles) Okene Mine, Okene, Kogi, Nigeria The 6th Defendant was beaded and the 1st Defendant approved his appointment. In hearing an appeal, the appellate Court should reconsider the materials before the trial court and should not hesitate to overrule its decision even on facts where, after giving due regards to the advantage which the trial Court has of, seeing the witnesses, it is clear the decision is wrong. Kogi State and Habibat Umar, Legal Officer – 1st-5th Respondent, A. “In conclusion, from the totality of the evidence before the Court, I hold that the claimant has failed to established his claim on the preponderance of evidence so as to be entitled to the declaration and injunctive reliefs in paragraphs 26 a. c. d, e, f, g, h of his claim. 33. He relied on the evidence of Chief ADEMU ABU who learned Counsel said is the Chief Custodian of OJOKU Native Law and Custom. The (ADUKANYAS) presented the Appellant as nominated candidate for the throne of ONU OJOKU beaded Chief. In the result, the Appellant’s appeal is quite meritorious. The finding falls into the realm of speculation and conjecture. HRM, the President of the Council informed the House that consequent upon the demise of the former Onu of Ojoku in 1994, several attempts had been made to fill the vacant stool without success. A.G. 6th Respondent’s appointment fulfilled all traditional and customary conditions for making such appointment. He relied on page 847 of the record on the evidence of 6th Respondent. 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. There was then the question whether the person who repealed the curse had power. The dialect spoken by these people is called Yagba, they have ancestry root linked to the Yorubas in Nigeria as they speak Yoruba. 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:- Your Excellency, Kindly accept our warmest congratulations on your well-deserved victory at the Supreme Court. The learned Counsel to the Appellant submitted that a trial Court has duty to properly evaluate the evidence before it in consideration of issues. That the major contention of the 6th Respondent is that the claimant was not qualified to ascend to the Stool of ONU OJOKU because there was a curse on the family of the Appellant that was not atoned. 1. I adopt in addition my reasoning and conclusion under Issues 2 and 3 herein before resolved in favour of Appellant. TANI YUSUF HASSAN, J.C.A. In Mogaji and Ors v. Cadbury Nig. 168 L.R.C.N. By Comrade Adelabu Apr 04, 2020, 17:41 pm 0. “1. The 6th Respondent did not claim for nullification of events or letters that led to his being debeaded. RE: APPEAL FOR JUSTICE BY ALH. C-F.” 2. Egbe still has traditional Nigerian leadership positions, such as "Oba" "Baale" "Bashorun", which are king, chief (king's deputy) and prime minister. That it was after the appointment of Appellant that 6th Respondent went to Court per Exhibits 26, 27 and 28. The Appellant did not by the evidence on record prove Relief (e) contained in the said paragraph 26 of the Statement of Claim. 3. The learned counsel to the Appellant stated the settled principles of law that all issues submitted to Court in adjudication should be determined. 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 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). 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. 1078) 465. 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. That on 22/5/2012 the 6th Respondent filed Amended Statement in furtherance of the Order aforesaid. Therefore the appellant was in my judgment, properly and validly selected the Oriye Rindre of Wamba and I so find. They are audi alteram partem and nemo judex in causasua… The meaning of the Latinism [audi alteram partem] is “hear the other side; hear both sides. All parties testified to this effect. 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. Alhaji Ahmodu Yakubu. That the withholding of the three man Committee Report by Respondent should be held against them. The Court cannot grant in favour of a party reliefs not claimed by him or her. That the trial Judge’s finding is totally unjustifiable and indeed perverse. “7.0 RECOMMENDATION FOR THE APPOINTMMENT OF ONU OJOKU ? See Section 105 of the Evidence Act 2011 which says:- 115. “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. Daniel has 2 jobs listed on their profile. He relied on the case of ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350. G/1/1/555 Date: 15h June 2004 Your Excellency 593) 59 AT 113. IBRAHIM SANNI MOHAMMED SAN (AG) for the 1st-5th Respondents distilled eight (8) issues for consideration of the appeal as follows:- 3. That there was no suit pending against 1st Respondent by Appellant when 6th Respondent was reinstated. On the issue of the curse placed on Appellants, Exhibit 7 reads from last paragraph page 3 to page 4 as follows:- 15 cancelling the appointment of 6th Respondent, the learned counsel to the Appellant stated that the issue was not. Population of approximately 20,000, This article is about Egbe the Nigerian town. (a) When it runs counter to the evidence; or The Appellant must demonstrably makes it clear that the failure exposed on the part of the trial Tribunal or the Court actually occasioned a miscarriage of justice. [1] [2] By postal code [ edit ] 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. The rationale is clear. Oral Interview, Ogbe, Kogi State. 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. Exhibit D15 relied upon by the learned Counsel to the two sets of Respondents did not remove the 6th Respondent from Office. 1388) 332 AT 397 G-H; CHIEF A. O. OKE v. DR. R. O. MIMIKO & ORS (2014) 1 NWLR (Pt. OKONKWO v. OKAGBUE (1994) 12 SCNJ 89 AT 92 & 106. paragraphs 26 a, c, d. e, f, g, h of his claim, the claim based on these reliefs is accordingly dismissed.”, The Appellant was dissatisfied with the findings of the lower Court pertaining to reliefs 26(a), (c), (d), (e), (f), (g) and (h) claimed on the writ of summons and on the statement of claim, and has appealed to this Court vide his Notice of Appeal dated and filed on 19th day of December, 2013 containing thirteen (13) grounds which without their particulars ore follows:- 7 of 1992, HRM, Alh. 7.4 On the desirability or otherwise of one person combining the District-headship and Onu Ojoku respectively, the Council noted that from time immemorial, the two titles had been conferred on one person whose responsibility it is to maintain the peaceful co-existence of his subjects. He also relied on Letter of Appointment of Appellant Exh. In Exhibit 18 pages 3-4 which is the minutes of ANKPA TRADITIONAL COUNCIL MEETING held on 19/8/1993, the Appellant was unanimously approved for appointment as ONU OJOKU. 77) 445. That this was since 1993 and that the Respondents are estopped from raising the issue again. “Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides: 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. 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. 131) 231 AT 260; of HON. 811) 643 AT 675 A-C per UBAEZONU, JCA. AUPCTRE Will Mobilise Against FG’s National Water Bill – Anthony. Cassiterite, columbite, and tantalite are some of the mineral resources found in Egbe. The trial Court erred in law when it held that it is the exclusive preserve of the kingmakers to appoint an. That notwithstanding the oral and documentary evidence led by Appellant the trial Court on page 896 nullified his appointment. ?d. The Onu Ojoku and the rest kingmakers who are the custodians of Customs and Traditions testified that the necessary rituals of atonement have accordingly been performed by Agbane Clan and has since been forgiven. 1 (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 ? 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 the light of the foregoing, you are hereby re-designated as the District Head of Ojoku with effect from 25th June, 2004.”. That the issue is anchored on paragraphs 5 and 6 of Amended Statement of Defence. He relied on the cases of WHYTE v. JACK (1996) 2 NWLR (Pt. The Free Dictionary. 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. 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. Respect for the elderly is of great importance to the younger ones and is encouraged. This burden is on the claimant. 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. KLM ROYAL DUTCH AIRLINES v. JAMILAT ALOMA (2018) 1 NWLR (Pt. 524) 198 AT 219. ?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 6 of Exh. ALHAJI ALIYU OBAJE (ATTAH IGALA) 32. 1503) 541 AT 600 C – D per NGWUTA, JSC who said:- It is rather the credibility that gives probative value to witnesses. A. Shaibu, Esq. 15 to 21 of his statement of defence (amended) were not specifically denied on the issue of curse. That 6th Respondent lied in his bid to discredit evidence of. It is also settled that where you have large body of documentary evidence tendered in a suit, the documentary evidence should be used as a hanger to find out the truth from the competing oral evidence. In the case of Opuiyo v. Omoniwari (2007) 6 SCNJ 131; (2007) 16 NWLR (Pt. 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. For avoidance of doubt the reliefs granted or given in favour of the Appellant are as follows:- According to the extract of the minutes of the meeting of the Igala Area Traditional Council, the recommendation of Alhaji Mohammed Ogbe as the new Onu Ojoku supersedes all other previous recommendation from the Council. GLORYLUX ASS IND. 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. Again it is not surprising that some of the best brains in Nigeria are products of educational institutions in this impressive region. HILARY FARMS LTD v. M/V MAHTRA (2007) 14 NWLR (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. 1) 159. b. 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. Isaac Ekpa, Esq. They were not contained in the 6th Respondent Amended Statement of Defence filed on 22/5/2012. He relied on evidence of DW1-DW6. That majority of the Kingmakers (seven) duly appointed Appellant and forwarded his name to ANKPA LOCAL GOVERNMENT TRADITIONAL COUNCIL. A learned trial Judge is enjoined to do substantial justice of all times once it can be done without injustice to the adversary. ADIELE IHUNWO v. JOHNSON IHUNWO & ORS. 1054) 210 AT 236. Onimisi, M.M. Attorney General of Kogi State. He relied on the evidence of PW1 and PW3 pages 690 and 705 of the record. It was on the basis of the above that the Council wishes to recommend Alhaji Mohammed Ogbe to Igala Area Traditional Council for consideration.”. litigation before the Court or Tribunal. The Claimant therefore cannot claim to have been nominated by a majority of the kingmakers of Onu Ojoku in view of this customary curse for any such nomination and or recommendation by kingmakers or a candidate with a customary impediment or a curse cannot be valid and I so hold, resolving this issue ill favour of the defendant.”. 7 that was not complied with. 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. It was signed by the chairman H.R.H. Studen. 147; v. Chief Aigbe (2002) 13 SCM 105 at 133; (2002) 9 NWLP (Pt. 930) 293 AT 206-207 H-C and COOKEY v. FOMBO (2005) 15 NWLR (Pt. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. That Ejeh Ankpa is not from Ojoku Community and he was not the originator of the stool of ONU OJOKU but Attah Igala the 3rd Respondent. Ogbe and his family lived around Ankpa in … See PRINCE KAYODE OLOWU v. BUILDING STOCK LTD & ORS (2018) 1 NWLR (PART 1601) 343 AT 398 F-H. per AUGIE, JSC who said:- Kogi Elections by yourmesprings(m): 5:46pm On Nov 22, 2015; The gubernatorial candidate of the All Progressives Congress (APC) in Kogi state, Mr. Abubakar Audu is dead. kingsley ogbe lecurer at Kogi State University Nigeria. ?That Exh. 451) 815. 184) 132. 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. See the cases of:- 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. d. An order declaring as unconstitutional, illegal, null, void and of no effect whatsoever the letter from the 1st Defendant to the plaintiff canceling and terminating his appointment as Onu Ojoku, the same being contrary to the native law and custom of Ojoku people and Law No. “It is not only when there is no evidence to support a decision that the decision can be held perverse. 17 is a testimony that there is political manipulation. “KOGI STATE GOVERNMENT OF NIGERIA (i) the cancellation/withdrawal of the State Government?s appointment/recognition of Alhaji Mohammed Ogbe as the Onu Ojoku, 3rd Class Status That the evidence of 6th Respondent that there are only two Kingmakers in respect of ONU OJOKU CHIEFTAINCY is not correct. He relied on the case ofSOKWO v. KPONGBO (2008) 7 NWLR (Pt. (d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.”. 1357) 550 at 568 G-H to 569 A per ARIWOOLA, JSC who said: “In Moses Okhuarobo & Ors. The presence of missionary activities in this town dates back to the early twentieth century when Rev. GROUND EIGHT That there is no ground of appeal challenging the Court decision to receive further addresses. "Egbe Òrúnmìlà Ayala - Traditional Ifa Consecrations in Cuba". 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 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. This principle, often expressed by the Latin maxim: audi alteram partem (hear the other side) is applicable in all cases in which a decision is to be taken in any matter involving a person’s interest in a property, right or personal liberty. In conclusion,he urge all well-meaning of Yagba west and kogi at large to queue behind Governor yahyah Bello as he lead the people of the state to build a stronger bigger and greater kogi state of our dream. No man should be condemned unheard.”. We implore your good offices to protect the image of good faith, justice, peace, law and order by upholding our recommendation Alhaji Mohammed Ogbe for the throne of Onu Ojoku and forward for the approval the state or government.”. Of this community, as marriage is encouraged done on 5/9/2000 and indeed perverse rights and by! Decision to receive further addresses has not been repudiated quiet and having a natural environment is... Of dispensing justice to the two sets of Respondents 26 ( 6 ) and the order aforesaid case R.. That is, trial Courts had the unique opportunity of its having seen and heard the for... 11 SC 72 proper conclusions which a reasonable Court ought to arrive AT expectedly or ideally should eventuate that! 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