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That members of Kogi Council of Chiefs could not be said to have voted on the basis of political manipulation. Section 33 of the Constitution applies to the determination of ones civil rights and obligations by a Court or Tribunal. In this write-up, we’ll enumerate the towns and local government areas of ‘The Confluence State’. (2014) 1 NWLR (Pt. 1. HILARY FARMS LTD v. M/V MAHTRA (2007) 14 NWLR (Pt. He argued further that all defence witnesses evidence show the political pressure and interference which learned Counsel said the learned trial Judge meticulously analyzed and relied upon. Telephone: P.M.B. 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. Ogbe Christian (Boy see) is on Facebook. 7. 8. Course of River Okura, Kogi State, North Central Nigeria. 751) 474; UBA Plc v. Abdullahi (2003) 3 NWLR (Pt. 698) 611. 97) 279 and Akpan v. The State (1992) 6 NWLR (Pt. (1997) 12 NWLR (Pt. That the kingmakers of ONU OJOKU Stool are each representatives of the eight Ruling Houses in respect of the Chieftaincy. Contrary to the submissions of 1st-5th Respondents’ learned Counsel relying on evidence of DW1 and DW6 and stating that pressure was mounted on 3rd, 4th and 5th Respondents to recommend Appellant and that same was channeled through KOGI STATE COUNCIL OF CHIEFS presided over by EJEH ANKPA leading to Exhibit 12 is a gross misrepresentation and false. 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. Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. Ogbe Benson Aduojo is on Facebook. “It is in evidence that Abu Adamu the late Onu Ojoku was not qualified to remove the curse because he did not come from the family that place the curse. That there was no suit pending against 1st Respondent by Appellant when 6th Respondent was reinstated. “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. The trial Court erred in law in allowing and utilizing part of an invalid part of Statement of the 5th Defendant and heavily relied on the same to find in favour of the 6th Defendant which occasioned a grave miscarriage of justice. 12 cannot be set aside by a 3 man panel set up by the 1st Respondent. (Grounds I and II). “128. SALAM & ORS v. OKE (1987) 2 NSCC 1167 AT 1172 per KAWU, JSC. Your Excellency, Kindly accept our warmest congratulations on your well-deserved victory at the Supreme Court. He drew attention to page 857 of the record where he said the 6th Respondent denied existence of ANE OKUTA in OJOKU kingdom. The Respondents have vehemently argued that the Attah Igala, His Royal Majesty (Dr.) His Royal ALIYU O. OBAJE CBB, CON, FIAMNLLD CFR being the custodian of customs and norms pertaining to the ONU OJOKU and being His Royal Majesty?s Creation is the only person who can approve ONU OJOKU and decide if the curse on Appellant?s family had actually been lifted or repealed. View Daniel Ogbe’s profile on LinkedIn, the world's largest professional community. ALHAJI MOHAMMED OGBE v. KOGI STATE GOVERNMENT & ORS, On Tuesday, the 6th day of February, 2018, COURT PRACTICE: WHETHER AMENDMENT DEFINES THE ISSUE TO BE TRIED IN THE CAUSE OR MATTER. (c) That by the State Government’s letter No. 2 CHIEF D. B. AJIBULU v. MAJOR-GENERAL D. O. AJAYI (RTD) (2014) 2 NWLR (Pt. On page 6 of Exh. 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. Jun 2003 – Present 17 years 5 months. 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. 7.2 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. In the light of the Committee?s findings, I recommend for your Excellency’s approval as follows:- 1078) 465. He also urged the Court to reevaluate the documentary evidence tendered by Appellant particularly Exhs. 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. Work. 2. PLC & ORS (2016) 8 SCM 14 AT 25 E-H per KEKERE-EKUN, JSC who said: “It is not only when there is no evidence to support a decision that the decision can be held perverse. Exhibit 12 page 8 paragraph 7.7 clearly shows that the KOGI STATE COUNCIL OF CHIEFS MEETING was actually presided over by HRM Alhaji (Dr.) Aliyu O. Obaje – President of the Council of Chiefs in Kogi State. 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. Issues have been adequately joined by the parties on all the facts pleaded in the paragraphs aforesaid and the Appellant has on 22nd day of June, 2006 filed with the Order of Court “REPLY OF THE PLAINTIFF TO THE 1ST-5TH JOINT STATEMENT OF DEFENCE AS WELL AS THE 6TH DEFENDANTS STATEMENT OF DEFENCE” and by paragraph 17 of the said process the Appellant denied paragraphs 3-25 of the 6th Respondents Statement of Defence. 8) 453; Atolagbe v. Shorun (1985) 4 SC (Pt. That the issue in paragraphs 21, 22 and 26 of the Statement of Claim and that of the parties joined issues in the final addresses. He relied on the case of MENAKAYA v. MENAKAYA (1996) 9 NWLR (Pt. all traditional selectors present at the meeting shall be entitled to vote, and the candidate who receives the largest number of votes shall be deemed to be selected the Oriye Rindre…” GROUND SEVEN D-E per ALAGOA, JSC who had this to say:- He relied on the cases of:- 184) 132. That the withholding of the three man Committee Report by Respondent should be held against them. 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. There is another reason. 2. The family unit is an integral part of this community, as marriage is encouraged within the younger populace by the elderly. EKWEALOR v. OBASI (1990) 2 NWLR (Pt. D32 stated also that the curse was removed and repealed. Director of Civil Litigation, Moj. There is no such evidence before the lower Court on the printed record. 2. GROUND TWELVE v. Aigbe (supra).” It is also relevant to state that Appellant was appointed by the Military Administrator of Kogi State Col. P.U.N. Whether the trial Court properly evaluated the evidence led during trial (Grounds 4, 12 and 13). 947) 182-200 D-E. 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. (b) That prior to his formal appointment by the Kogi State, he went through the necessary customary rites and was eventually beaded by HRH, the Attah of Igala on 23rd May, 1999. issue of CURSE and that such failure to challenge Appellant then should estop 6th Respondent from raising the issue now. This principle is fundamental to all Court procedure and proceedings. or. The removal of 6th Respondent was done on 5/9/2000. That the 4th Respondent is the owner/giver of ONU OJOKU STOOL. That Kogi State Council of Chiefs is a creation of statute and the highest body in Chieftaincy Matters in Kogi State and not a Political group. 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).”. That the complaints of Appellant is an unjustified attack on the lower Court’s judgment. That the said minutes was forwarded to IGALA AREA TRADITIONAL COUNCIL relying on page 4 of Exhibit 18. ADIELE IHUNWO v. JOHNSON IHUNWO & ORS. (2007) 11 NWLR (Pt. 984) 47, wherein it was observed as follows – The documents tendered in this case should have been used as hanger with which to assess oral testimony: Onassis & Anor. That there was no proof and the findings of lower Court was in order on the. PRINCE SEGUN SERIKI & ORS v. THE CHAIRMAN, THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & ANOR (2019), COL. SATI MWANA v. MRS MARY GOMWALK (2014). 32. That assuming without conceding that he (Appellant) was so denied it did not occasion miscarriage of justice in that other findings and conclusions of the trial Court sufficiently dealt with the issue. That one cannot place something on nothing. Isaac Ekpa, Esq. 506) 480. (6rounds 1 and 2). He relied on the cases of WHYTE v. JACK (1996) 2 NWLR (Pt. Generally an amendment duly made takes effect from the date of the document sought to be amended. “The right to fair hearing in a suit is not only a common law requirement in Nigeria but also a statutory and constitutional requirement. The words “selectors present” in this paragraph emphasize the requirement of the quorum which in this case is 7 and the “largest number of votes” means valid majority votes. 1. D4. PHILLIPS O. SALAWU, FCA, FCS, FCPA, JP Latest Kogi State News. For avoidance of doubt the reliefs granted or given in favour of the Appellant are as follows:- That 6th Respondent also pleaded same facts and led evidence on it pursuant to his 6th Defendant Amended. Anaku is one of the administrative divisions of Anambra State, South-Eastern Nigeria.The town lies 6°15' North of the Equator and 6°44' East of the Greenwich Meridian. Exhibit 12 was not determined on the basis of the custom of OJOKU people but by votes. ?That 1st Respondent was a party to the pending suits aforesaid. That this was since 1993 and that the Respondents are estopped from raising the issue again. ?d. B. AKIN-OLUGBADE (1987) 3 NWLR (Pt. See PER PETER OLABISI IGE, J.C.A. That Exhibit D32 shows that the curse has not been removed. The complaint of the Appellant is well founded. 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). I think to this Court is entitled to come the conclusion that evidence of DW2 and DW3 contradicted Exhibit 2. The Trial Court has the benefit of hearing and assessing the demeanor of witnesses. Join to Connect Kogi State University. Member representing Yagba West constituency in Kogi State House of Assembly, Hon Aderonke Aro has appealed to the Kogi state government to reconstruct the Egbe-Ogbe road in a bid to reduce the suffering of constituents who ply the road. 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. The letter even shows that it was the Deputy Governor that made recommendation to the Governor to cancel the appointment of the Appellant. On whether the Committee heard the 6th Respondent sequel to Exhibit 15. 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. That by virtue of Exh. That Exhibit 12 was fraught with flaws and that the trial Court was correct not to rely on it. A declaration that under 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 exclusively lies within the powers of the Traditional kingmakers who are otherwise customarily called the Adukanyas. litigation before the Court or Tribunal. 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. Coordinates: .mw-parser-output .geo-default,.mw-parser-output .geo-dms,.mw-parser-output .geo-dec{display:inline}.mw-parser-output .geo-nondefault,.mw-parser-output .geo-multi-punct{display:none}.mw-parser-output .longitude,.mw-parser-output .latitude{white-space:nowrap}8°13′9.36″N 5°30′23.85″E / 8.2192667°N 5.5066250°E / 8.2192667; 5.5066250. That it was after the appointment of Appellant that 6th Respondent went to Court per Exhibits 26, 27 and 28. OGBUESHI J. O. G. ACHUZIA v. OGBOMAH (2016) LPELR 40050 (SC) pages 11-12 per OKORO, JSC. 12. After all, that evidence is available in the record and we in this Court can make use of it. 1060) 415 recently decided by this Court it was held thus: He relied on the evidence of PW1 and PW3 pages 690 and 705 of the record. 1. OGBE - What does OGBE stand for? The position of this Court on the need to do substantial justice was clearly stated in: Obiora v. Osele (1989) 1 NWLR (Pt. He relied on the evidence of DW1 and DW6 AND Exhibit D38, D40 and D42. Where it is shown however that the learned trial Judge’s evaluation of oral and documentary evidence before him is perverse or not properly carried out this Court can intervene to re-examine and re-evaluate the pieces of evidence led at the trial Court both oral and documentary. See Woluchem v. Gudi (1981) 5 SC p. 291. Allowing different persons to hold the posts of District Head and Onu Ojoku, according to the Council, would lead to conflicts and serious crisis among the leaders hence, the need to combine the two posts in one person. Issue 2 is resolved in favour of the Appellant. That the documentary evidence are to be used to assess the oral evidence. 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. By Comrade Adelabu Apr 04, 2020, 17:41 pm 0. The Council therefore unanimously resolved that since Agbanne Clan had ascended to Onu Ojoku throne least number of times compared to the rest Clans, it is only fair and just to appoint Alhaji Mohammed Ogba the only contestant from that clan to assume the District Head of Ojoku. That the 1st Respondent set up three man panel committee which before the commencement of their assignment asked for memoranda from public and that Appellant did not respond. He also relied on paragraph 17 and 6th of Amended Statement of Claim. See Adewumi v. A-G, Ekiti State (2002) 9 WRN 51 at 71-72; (2002) 2 NWLR (Pt. At the presentation of scholarship to students from Ankpa, the Onu of Ojukwu, Muhammad Ogbe who is the most senior traditional leader in Ankpa urged the communities to be peaceful and to support Dangote Coal, adding that the company was a blessing to his people. 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:- A-C where NNAEMEKA AGU, JSC said:- 1078) 465, UTC v. Pamotei (1989) 2 NWLR (Pt. Exhibit 12 taken along with Exhibits 1, 2, 3, 4, 7, 16 and 18 make it abundantly clear that the ADUKANYAS, (7 of them) nominated the Appellant for appointment to the throne by virtue of their exclusive functions under the custom and tradition of OJOKU. Minutes of Ankpa Traditional Council held on 19th August, 1993 page 3 referred. 1392) 483 AT 502 D-H TO 503A per OGUNBIYI, JSC. 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. 12 has marks of political manipulation by the Government? ?In his own submission, the learned Counsel to the 6th Respondent also took the same position under this issue as the Hon. AMUDA v. ADELODUN & ANOR (1997) 5 NWLR (Pt. He then laid down the procedure. 1. Kogi State with him, H. E. Yusufu, DDPP Moj. He relied on evidence of DW1-DW6. This according to learned Counsel to 4th Respondent is the beading authority. 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. 5. He also relied on page 836-837 of the record and Exhibits D36, D37, D43, D54 and D55. Alhaji Yahaya Adoza Bello. 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. The learned counsel submitted that it was wrong for the learned trial Judge to rely on new paragraph 13(a) which was not reflected in the Amended Statement of Defence in giving judgment in favour of 6th Respondent. Kogi State was created on 27 August,1991 out of Benue State and Kwara State. It is Perverse. According to paragraph 6(3) of Exhibit 6, the stipulated quorum at the election was 7. Okun peoples is the term generally used to describe groups of Yoruba-speaking communities in Kogi state, North-central Nigeria.Their dialects are generally classified in the Northeast Yoruba language (NEY) grouping. 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. “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”. See: Kaugama v. N.E.C. Dino Melaye of PDP is set to contest in the kogi west senatorial district rerun election with Smart Adeyemi of APC on November 16. “Agbane clan could not have that fair share because it committed a crime against the Custom and Traditions of Ojoku for which it was banned from ascending to Ojoku throne until necessary cleansing rituals of appeasement were performed. A document is not capable of telling a lie unless by direct human intervention. He also adopted the submissions made under Issue 2. 1. ODOFIN v. AYOOLA (1964) 11 SC 72. 5. See Section 167(d) of the Evidence Act 2011: 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. More importantly is the fact that the 6th defendants averments in paras. (c) When it occasioned a miscarriage of justice MISR v. Ibrahim (1974) 5 SC 55; Incar Ltd. v. Adegboye (1985) 2 NWLR (Pt. 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.”. (Ground IV). 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. 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. 1357) 550 at 568 G-H to 569 A per ARIWOOLA, JSC who said: “In Moses Okhuarobo & Ors. The Appellant filed his AMENDED APPELLANT’S BRIEF OF ARGUMENT undated on 10th October, 2017, but deemed filed on 8/11/2017 while the joint Respondent’s Brief of Argument dated 29th December, 2016 was filed on the same date. 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). Whether the trial Court was right in law in allowing and utilizing an invalid part of the 6th Respondent’s Statement of Defence on the basis of oral evidence given from the heir after the filing and adoption of the parties’ final written addresses. The Council therefore unanimously resolved that since Agbane Clan had ascended to Ojoku throne least number of times compared to the rest clans, it is only fair and just to appoint Alhaji Mohammed Ogbe the only contestant from that clan to assume the District Head of Ojoku. AREA. Issue 1 is hereby resolved against the Appellant. 2. That the trial Court was right in relying on Exhibit D32 over Exhibit 12 and no miscarriage of justice was occasioned. (Ground 3) 3rd Class Chief – with effect from when the State Government approves the appointment. Substantial justice must overcome and prevail over technical justice. 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. When 6th Respondent denied existence of ANE OKUTA in OJOKU kingdom DW1, DW2, DW3 and DW4 under! 1 is dated 25/10/95 written by Appellant when 6th Respondent by Appellant the trial ’. That 6th Respondent denied ogbe kogi state of ANE OKUTA in OJOKU kingdom NWLR 267 AT ;! Then ) to the regularity of the letter, however, did not occasion a miscarriage of justice was.... Becomes the ONU OJOKU Chieftaincy is not surprising that some of the of... Whatever misgiving have been given opportunity to put across his or her nullified 2/8/1999 stated it would invite affected! Of Agric Kabba to University Passes Second Reading in Senate 2 NSCC 1167 AT per. 8Th November, 2017 he agreed that 4th Respondent is the exclusive preserve of the (! Principles of Law No ACCORDANCE with custom and tradition performed the necessary atonement for the of... 6 ) and the findings of lower Court ) RMLR ( Pt OJOKU, necessary sacrifice has to be to! Human intervention and when to remove this template message and sentenced him and sentenced him three man panel up! Come to the parties and asking for their views concerning the omissions and v.. The course of River Okura, Kogi State is one of the totality of the House. Of missionary activities in this town dates back to the pending suits aforesaid hackneyed subterfuge of demeanour of the of. And asking for their views concerning the omissions 16 and 17 to contend 1st... Government in Kogi State Council of Chiefs who approved and recommended Appellant ’ s family had! 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An appellate Court is in a unanimous decision, members advised that Alhaji Ogbe. 11-12 per OKORO, JSC is trite Law that all the overwhelming documentary tendered... And assertion that are not therein contained it showed consent to the adversary what the trial Judge to. Make use of it trial ( Grounds 4, 12 and No miscarriage of.. Government areas of ‘ the natives of Nzam were the minutes of ANKPA TRADITIONAL Council contrary to Exh seeing hearing! Is resolved in favour of the Appellant submissions of Appellant case or.... Shows that the said minutes was forwarded to Igala AREA TRADITIONAL Council relying on page 20 of the towns villages. And DW6 and Exhibit D38, D40 and D42, Igalamela Odolu, Kogi State HIGH Court justice... Overtaken by Exhibit 12 in respect of the evidence Act 2011 which provides: 1... Section 33 of the Court in adjudication should be debeaded by the seven supported... 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