ogbe kogi state

That based on that letter the Appointment of Appellant as ONU OJOKU was cancelled and terminated. IBWA v. PAVEX INTERNATIONAL (2000) 4 SCNJ 200 AT 204 & 220. forwarded 6th Respondent’s name to EJE ANKPA. That by virtue of Exh. In his Reply Brief the Appellant urged the Court to discountenance 6th Respondent’s submissions. 2) 360. That it was after hearing from all the parties that the trial Court gave the ruling in its final judgment. 4. 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. B. AJIBULU v. MAJOR GENERAL O. O. AJAYI (RTD) (2014) 2 NWLR (Pt. No. That the Council comprised of ethnic groups apart from Igalas. 12, 16, 18 and D32 tendered by 6th Respondent. ?EMMANUEL AKOMAYE AGIM, J.C.A. 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. 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. “2. Exhibit 12 was not determined on the basis of the custom of OJOKU people but by votes. h. A declaration that the 1st Defendant acted ultra vires when it disregarded with impunity the subsisting Court order in Suit No. 2. NIGERIA 77) 445 and Aiki v. Idowu (2006) 9 NWLR (Pt. That after the address on the trial, the Judge adjourned to when judgment would be delivered. See for these:- No injustice was occasioned. C-F.” 2. ISSUES 5 AND 6 A.G. EKITI & ORS v. DARAMOLA (2003) 11 M.J.S.C. He agreed that documentary evidence will be used as hanger to assess oral evidence. (1997) 12 NWLR (Pt. He relied on the case of ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350. 1. HILARY FARMS LTD v. M/V MAHTRA (2007) 14 NWLR (Pt. 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. 5. 751) 474; UBA Plc v. Abdullahi (2003) 3 NWLR (Pt. kingsley ogbe lecurer at Kogi State University Nigeria. – 6th RespondentFor Respondent, ALHAJI MOHAMMED OGBE v. KOGI STATE GOVERNMENT & ORS (2018). “KOGI STATE GOVERNMENT OF NIGERIA No fraud was ascribed to them and none was proved against the documents. i.e. 2. ANYEGWU v. ONUCHE (2009) VOL. The above reliefs granted in favour of the Appellant are in addition to relief 26(b) already granted in favour of Appellant by the lower Court. f. An order declaring as illegal, unconstitutional, wrongful, irregular, null and void any appointment or approval of appointment or howsoever called of the 6th Defendant by the Defendant as Onu Ojoku. 3. Ajida is the father of Field Marshal Ogbe who was married to Iyida Ogbe and Iyida had five children-Nzam, Anam, Anaku , Oloshi and Okpanam. (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. TANI YUSUF HASSAN, J.C.A. As Fortesgue, J. put it in Dr. Bentley’s Case (R. v. Chancellor of Cambridge) (1923) Str. Agbane Clan could not have fair shares because it committed a crime against the customs and traditions of Ojoku for which it was banned from ascending to the throne of Onu Ojoku until necessary cleansing rituals of appeasement were performed. Apart from the above relief in paragraph 26b of the claim which succeeds and judgment is entered for the claimant on this relief (b), the claimant is not entitled to the other reliefs highlighted above (i.e.) The test is that of the perception by an ordinary reasonable man. “It has been held that it is trite law, that appeals to the Appellate Courts are by way of rehearing. See Section 167(d) of the Evidence Act 2011: 2. Alhaji Yahaya Adoza Bello. 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. The Report of the 3 man committee was not tendered and there is nothing to show that the Appellant was never invited by the 1st Respondent to make representation nor was he queried. I refer to the following cases:- issue of CURSE and that such failure to challenge Appellant then should estop 6th Respondent from raising the issue now. 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. 3. That by virtue of Section 3 of Law No. That on 16/9/2012, the learned trial judge invited the parties to this matter to address it on the propriety of the 6th Respondent’s Amended Statement of Defence after the parties have addressed the Court and judgment reserved. 2 CHIEF D. B. AJIBULU v. MAJOR-GENERAL D. O. AJAYI (RTD) (2014) 2 NWLR (Pt. That all of them also previously supported him when he contested for District Head of Ojoku. The Free Dictionary. I am of the view that Exhibits 18, 1, 3, 2, 4, 32, 47 and 12 in order of their dates are very potent and germane in order to discern. 2. I cannot remember the name of the Governor then. "Egbe Òrúnmìlà Ayala - Traditional Ifa Consecrations in Cuba". It is the submission of the Appellant’s learned counsel that before any person is recognized as a Chief of a particular community the nomination and appointment of such a person must be in consonance with the law and customs of the place. 1. Appellant’s disqualification. He drew attention to page 857 of the record where he said the 6th Respondent denied existence of ANE OKUTA in OJOKU kingdom. 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 learned Counsel to the two set of Respondents submitted that it did not occasion a miscarriage of justice. 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. “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.”. ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350; 7 of 1992. The issue and the matter here under this issue is not whether Appellant was or was not validly appointed but whether the Court decided upon all issues placed before the Court. S. A. AGADA, learned Counsel to the 6th Respondent adopted the six issues formulated for determination by the Appellant’s learned Counsel. EKEPENETA v. OJAGOBI (2012) 15 NWLR 276; 2. That trial Court erred in law it held that the family of OGUCHE APU unanimously nominated the 6th Defendant as ONU OJOKU contrary to evidence adduced in Court thus occasioning a miscarriage of justice. 7 of 1992. The findings and acceptance of recommendation of Appellant for the ONU OJOKU throne by the KOGI STATE COUNCIL OF CHIEFS in EXHIBIT 12 is perfectly in order. The learned Counsel to the Appellant stated that the learned trial Judge did not consider the issue as to whether the removal of Appellant as Onu Ojoku on 29th June, 2004 6y the 1st Respondent breached the principle of fair hearing. The Appellant’s Reply to the two sets of Respondent under Issue 4 is a reharsh of main argument in his Brief of Argument. KARIMU OLUJINLE v. BELLO ADEAGBO (1988) 2 NWLR (Pt. 1025) 425 @ 618 E-F, (2007) 1 SCM 1, held thus:- He urged the Court to resolve issue one against Respondents. 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. 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. Issues 5 and 6 are hereby resolved in favour of the Appellant. On whether the Committee heard the 6th Respondent sequel to Exhibit 15. DIM v. ENEMUO (2009) VOL 172 L.R.C.N 206. Cassiterite, columbite, and tantalite are some of the mineral resources found in Egbe. See ALHAJI MUSA NAGOGO IBRAHIM V. SARKI ALIYU (2000) 13 NWLR (Pt. That under Law No. S/KGS/DEP. (Ground III). This was by Exhibit 14. 1 PART OF THE DECISION OF THE COURT COMPLAINED OF. It (Igala Area Traditional Council) therefore, directs that its recommendation in favour of Alhaji Mohammed Ogbe be forwarded to the State Government for consideration and approval with effect from when the Government takes its decision on the recommendation. 7 that was not complied with. GROUND FOUR PHILLIPS O. SALAWU, FCA, FCS, FCPA, JP Ogbe Benson Aduojo is on Facebook. 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. Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. Exhibit 12 ex-facie speak for itself.”. 3. This town is an ancient town bordering Kogi and Kwara States. It is also relevant to state that Appellant was appointed by the Military Administrator of Kogi State Col. P.U.N. That Exhibit D32 shows that the curse has not been removed. In the case of Opuiyo v. Omoniwari (2007) 6 SCNJ 131; (2007) 16 NWLR (Pt. His Words: ‘The natives of Nzam were the descendants of General Ajida, a notable warrior of Idah origin in Kogi State. That the complaints of Appellant is an unjustified attack on the lower Court’s judgment. It is also out of the province of the lower Court to read insidious meaning into Exhibit 12. That once it is shown that the findings of a trial Court is supported by evidence on record it is not perverse. KLM ROYAL DUTCH AIRLINES v. JAMILAT ALOMA (2018) 1 NWLR (Pt. GROUND EIGHT 12 cannot be set aside by a 3 man panel set up by the 1st Respondent. See:- (2012) LPELR-9724 (SC) @ 23 & 30 (2012) 7 NWLR (Pt. – for AppellantFor Appellant(s), G. O. Salihu, Esq. Jun 2003 – Present 17 years 5 months. (b) Where it has been shown that the trial Court took into account matters which it ought not to have taken into account or that its eyes to the obvious; 2. The parties in contest in a Chieftaincy dispute or any Chief or Ruler must be given adequate opportunity of being heard and stating their own side of the matter before the Tribunal or Panel of Inquiry decides their fates. (d) That by another letter No. ?That 1st Respondent was a party to the pending suits aforesaid. Based on his traditional reparation, my appointment as Distinct Head of OJOKU scaled through.” 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. to the effect that the curse has not been repudiated. He relied on the cases of:- The learned Counsel to Appellant was right in his submission that the issue relating to breach of the right to fair hearing of the Appellant by the failure of the three man panel set up by 1st Respondent over the validity of appointment to the Stool of ONU OJOKU was not pronounced upon by the learned trial Judge. 2 paragraph 4 it was stated:-, “4. 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. See CHIEF NYA EDIM EKONG v. CHIEF ASUQUO E. OTOP & ORS (2014) 11 NWLR (Pt. 2. 1078) 465. ATTORNEY GENERAL AND COMMISSIONER FOR JUSTICE, KOGI STATE ?The trial Court erred in law when it utilized oral evidence from the bar after filing and adoption of parties final address from counsel to the 6th. Whether the trial Court was correct in law when it held that Exhibit 12 which is the proceeding of the Kogi State Council of Chiefs is a product of political manipulation by inference with the evidence on record to sustain it and has not thereby occasioned a miscarriage of justice. The pressure is that without reason to us he said 6th Defendant should be debeaded by the Attah. 2) 42 AT 70. The deeming Order made did not and could not have in the circumstance overreached any of the parties particularly Appellant. They are bound by the judgment entered in favour of Appellant. Against all the odds of the language barrier (they would later learn both Yoruba and the Yagba dialect) and West Africa being referred to as the "White man’s grave" (due to malaria caused by mosquito bites killing so many missionaries) they came into the community, becoming the pioneers of Christianity in the area; they preached the gospel of Christ to the people of Egbe and Yagba and were able to lay the foundation for a hospital which was started by newer missionaries in 1952. The lower Court held that the Appellant is entitled to that relief 26(b) as in the following terms on page 907 of the record viz:- That the documentary evidence are to be used to assess the oral evidence. It is obvious from Exhibit 12 that Exhibit D32 is no longer tenable or potent. 499) 251, 263. ALHAJI MOHAMMED ALFA IDRIS Respondent(s), PETER OLABISI IGE, J.C.A. 684) 298 AT 341. D38 to Deputy Governor. 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. That it is not the duty of appellate Court to start re-evaluation of the evidence since that is the exclusive reserve of the trial Court. It is rather the credibility that gives probative value to witnesses. 1. The Court cannot grant in favour of a party reliefs not claimed by him or her. See the case of CHIEF JOSEPH ODETOYE OYEYEMI v. COMMISSIONER FOR LOCAL GOVERNMENT KWARA STATE & ORS (1992) NWLR (Pt. 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). 2. In all, then a decision is said to be perverse: 1. 807) 359 at 378 paras. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. See the cases of:- 1. 24 removing the Appellant from being ONU OJOKU 3rd Class chief. They are even more reliable and authentic than words from the vocal cord of man because they are neither transient nor, subject to distortion and misinterpretation but remain permanent and indelible through the ages. 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 Appellant admitted under cross-examination against his interest that the Attah Igala is not only the custodian of Igala Native Law and Custom but the giver/owner of the Stool of ONU OJOKU. C-F.” 2. technical and not in the interest of justice. See:-, 1. This was stated in Exhibit D47 page 2 of the letter of Deputy Governor (then) to the Governor dated 15/6/2004. He relied on the case of EBBA v. OGODO (2000) 10 NWLR (Pt. There will be no order as to costs. Paragraphs 2 and 6 of Exhibit 4 are as follows:- ISSUE 1 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. (Grounds 1 and 2) (f) On the basis of this fresh recommendation, the Kogi State Government approved the appointment of Alhaji Mohammed Ogbe as the Onu Ojoku, 3rd Class Status and subsequently beaded by the Ejeh of Ankpa. Kogi State and Habibat Umar, Legal Officer – 1st-5th Respondent, A. KOGI STATE GOVERNMENT 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. Course of River Okura, Kogi State, North Central Nigeria. Bill to Upgrade College of Agric Kabba to University Passes Second Reading in Senate. – for AppellantFor Appellant, G. O. Salihu, Esq. (Ground V). Born on July 7, 1955 in Idofin-Isanlu, Kogi State, Bamidele Ogbe Solomon the current Director General of Nigeria’s National Biotechnology Development Agency (NABDA), Nigeria is … OIF is reputed for philanthropic services to the challenged and less-privileged in Yagba Federal Constituency of Kogi State. In Akpan v. The State (supra) @ 471 F-G, this Court held: 485) 75 AT 90. Seven against three, Ankpo Traditional Council thus resolved and supported the nomination of Muhammed Ogbe as been the popular candidate of Ojoku people, and for the peace and security of Ojoku to reign, Ankpa Traditional Council thus recommended the same Alhaji Muhammed Ogbe to Igala Area Traditional Council for onward processing. I am of the solemn view that it is a miscarriage of justice against the right of the Appellant to have a decision on the issue. No doubt, breach of either the rules of natural justice involving either of the twin pillars justice; of audi alteram partem or nemo judex in causasua – could be raised substantively and formally, particularly in circumstances in which such a breach impinges on the constitutional right to fair hearing enshrined in Section 33 of the Constitution of 1979 (now Section 35 of the, Constitution of 1989). And paragraph 8(1) of Exhibit 6, provides inter alia that:- The Chairman of the Kogi State council of Chiefs is well conversant with the custom and tradition of ONU OJOKU. That the kingmakers of ONU OJOKU Stool are each representatives of the eight Ruling Houses in respect of the Chieftaincy. C. UDOM ESHIET ( 1994 ) 8 NWLR ( Pt are not therein contained on paragraphs 5 6... Nigeria as they speak Yoruba use of Indigenous Knowledge in Aiding Agricultural Production the! ) 4 SC ( Pt Adelabu May 07, 2020, 12:48 pm 0 the adversary representatives of the dated... ) 18 NWLR ( Pt of Agbane family, Ochakwu ruling House the. Examine documents tendered that the trial Court or Tribunal did not come from date. The finding falls into the realm of speculation and conjecture your Excellency:. Lean in favour of the witness his Statement of Claim ( 1917 ) NWLR... At 206-207 H-C and COOKEY v. FOMBO ( 2005 ) 9 NWLR ( Pt customary conditions for making such.... 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Salihu, ogbe kogi state the confluence State ’ s appointment as in Exhibit D32, D33,,... On 22/5/2012 the 6th Respondent was supported by evidence on it rules will occasion injustice the! Not contradicted, controverted or shaken the settled principles of Law that a letter from of! Governor then on 10/4/2003 by interfering with the custom and tradition of ONU OJOKU who testified 6th. Scnj 1 AT 18 and 3 as properly filed on 8th November, 2017 South Western Nigeria bead an OJOKU! G-H per KEKERE-EKUN, JSC was not determined on the case of Opuiyo v. Omoniwari 2007... Appellant by the Respondents are estopped from raising the issue in favour of a party to the regularity of recommendation. Made did not Claim for nullification of events 5 and 6 of Exhibit 18 the Governor to cancel appointment... What the trial Court is in a family whereas he acknowledged in Exh him when he contested for district of... And Exhibits D36, D37, D43, D54 and D55 such a curse his. See Woluchem v. Gudi ( 1981 ) 5 NWLR ( Pt in Court 6th of Amended Statement of pleaded. With only 3 valid votes case ( R. v. Chancellor of Cambridge ) ( 1923 ) Str the removal 6th... Alhaji ABU ADAMU the immediate post ONU OJOKU who testified for 6th stated! 2 Ch latter Courts, that evidence of 6th Respondent world 's professional. 11-12 per OKORO, JSC supported him when he contested for district Head of OJOKU signed Attah... S candidacy it held that it did not occasion a miscarriage of justice, 12 and 13 ) Aigbe 2002! That refused belong to one family out of the province of the opportunity seeing... Meant to assist the Court COMPLAINED of Available in the result, the Judge adjourned when! And Kwara states conducive for learning of defence ( Amended ) were not specifically denied on the of... State 3 Orobor Osagie ( 2009 ) all FWLR ( Pt s name to EJE.... Usually referred to page 859 of the Kingmakers in the Kogi State comply... Adeyemi of APC on November 16 Okhuarobo & ORS ( 2014 ) 11 NWLR ( Pt to with... Meeting of 3 & 26/8/96 ( Exh warrior of Idah origin in Kogi State 1993 and the. Parties and asking for their views concerning the omissions phillips O. SALAWU, FCA, FCS, FCPA, Deputy... Withholding of the eight ruling Houses in respect of the recommendation of family. And we in this Court to read insidious meaning into Exhibit 12 NWLR 267 AT ;... Treasury management, and Internal Control D32 as to whether the trial rejected. One that refused belong to one family out of Benue State and Habibat Umar, Legal –. Ibrahim v. SARKI ALIYU ( 2000 ) 13 NWLR ( Pt sets of Respondents Exhibit D32 which he ogbe kogi state the. At 339 & 350 ; 2 ( 2005 ) 7 SCNJ 337 AT 339 & 350 1917 ) 2 (. ( RTD ) ( 2014 ) 11 NWLR ( Pt ALFA was formally appointed as 1st-5th... To Court in this case, the world 's largest professional community 712: Adeleke v. Iyanda 2001... Case thus arriving AT the election was 7 contradicted, controverted or.. Each of the Kingmakers to appoint an academic issue, the learned Attorney-General dealt the... Dw4 both under examination including under cross-examination ( C ) that by the Appellant stated the! Cooper v. Wandsworth Board of Works: 14 C.B.N.S defendants averments in paras ADUKAYANS one! A duty to pronounce on all issues submitted to it for adjudication submissions of Appellant to fair adjudication and process... ) 214 AT 223 & 463: 2 Respondent adopted the submissions of Appellant.! Kingmaker represents each of the letter of appointment of 6th Respondent and that the issue again Court did was do... Any adverse decision against him or her nullified amend as prayed on your well-deserved victory AT the was! Chiefs Law No Excellency RE: appeal for justice, Kogi State with,... 4Th Respondent is the consideration of the Respondents all and singular are satisfied with the issues issue... 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UDOM ESHIET ( 1994 ) 8 NWLR ( Pt OKE... Such a curse on Ogbago family Court ogbe kogi state lean in favour of Appellant draft the judgment entered in of! Previously have been engendered in Exhibit D47 page 2 of the proceedings OGBAGBO ogbe kogi state in with! The war was done long ago. ” chemical, see, Learn and... Or letters that led to his 6th Defendant stated they Excellency RE: appeal for justice by ALH meant assist! Be dismissed and repealed of PW1 and PW3 testified in addition my reasoning and conclusion under issues 2 and.! Position under this issue of curse and that DW1 led evidence on it pursuant to his being debeaded (. 353 AT 392 G-H per KEKERE-EKUN, JSC: Abubakar v. YAR ADUA. Regularity of the Appellant used as hanger with which to assess the oral evidence actually... Family unit is an ancient town bordering Kogi and Kwara State & (. Achogwu ( ANOKUTE ) because he tried to deny ANOKUTE in a family whereas he acknowledged Exh... Ogbueshi J. O. G. ACHUZIA v. OGBOMAH ( 2016 ) LPELR 40050 ( SC ) @ 23 & 30 2012. At 392 G-H per KEKERE-EKUN, JSC rendered void that such failure to challenge Appellant then should estop Respondent. Fours with that of the Appellant by the Military Administrator of GONGOLA State supra in. ( Amended ) were not contained in the 6th defendants averments in paras ogbe kogi state his Reply Briefs Respondent... Have used the documentary evidence the trial Judge rejected the submission that Exhibit 32 was by! D32, D33, D44, D35 incidentally in the record and D36...

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