ogbe kogi state
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. That the parties agreed that the beading authority as agreed by the part is the Attah Igala. 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. 1599) 1 AT 28 C per KEKERE-EKUN, JSC; That the trial Court was right in accepting their evidence. The (ADUKANYAS) presented the Appellant as nominated candidate for the throne of ONU OJOKU beaded Chief. 7 of 1992 Kogi State. Kogi State alone is bigger than the whole of the Southeast in land mass. 12. As Fortesgue, J. put it in Dr. Bentley’s Case (R. v. Chancellor of Cambridge) (1923) Str. 807) 359 at 378 paras. It was signed by the chairman H.R.H. That since the findings of the learned trial Judge was NOT based on the 6th Respondent Amended Statement of Defence which he said was the only live. Amendment of a pleading or writ of summons takes effect from the date of original document. 168 L.R.C.N. 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. In a unanimous decision, members advised that Alhaji Mohammed Ogbe be appointed as the Onu Ojoku ? He also drew attention to cross examination of 6th Respondent by EKPA, ESQ., where 6th Respondent said nobody gave evidence in his favour contrary to facts in Exhibit 16. 0. 31. 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. EDILCON NIGERIA LTD v. UBA PLC (2017) 18 NWLR (PART 1596) 74 AT 10H ? It is not consistent with logical sequence of events. 684) 298 AT 341. 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. It is also relevant to state that Appellant was appointed by the Military Administrator of Kogi State Col. P.U.N. ?He submitted that the appointment and beading of the Appellant complied not only with the Native Law and Custom of Ojoku Chiefdom but that of Kogi State Chiefs (Appointment Deposition and Establishment of Traditional Councils) Law No. 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. Egbe still has traditional Nigerian leadership positions, such as "Oba" "Baale" "Bashorun", which are king, chief (king's deputy) and prime minister. 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. In the light of the Committee?s findings, I recommend for your Excellency’s approval as follows:- That since the nomination and selection of the Claimant is against the tradition and custom of Ojoku by virtue of the curse on Gbagbo Clan Appellant’s appointment and beading cannot stand. SALAM & ORS v. OKE (1987) 2 NSCC 1167 AT 1172 per KAWU, JSC. 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. 238 LRCN 194. A learned trial Judge is enjoined to do substantial justice of all times once it can be done without injustice to the adversary. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. (1976) 10 SC. “….in a claim for declaration ?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. 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. 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”. That the finding was supported by evidence adduced by DW6 on page 836 of the record which stated that in May 1999 when Prince Audu Abubakar became Governor he interfered with ONU OJOKU on 16/9/2000 and that 6th Respondent went to Court per Exh. 1 That the 6th Respondent gave inconsistent evidence that he was the only contestant when. ISSUE FOUR Yahaya Bello: Beyond Mouth-Agape. He relied on the cases of:- He relied on the case of ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350. 309) 341 AT 350. CHIEF ISAAC EGBUCHU v. C.M.B. 699) 192 AT 211 E. That the lower Court ought NOT to have believed 6th Respondent. 2. GARBA ADAMU v. THE STATE (2017) 16 NWLR (Pt. “Kogi State Government has accepted the recommendation of the Igala Area Traditional Council that you retain your position as the District Head of Ojoku as contained in the minutes of Councils meetings, held on 13th and 26th August, 1996, 2nd and 28th September, 1996 at Attah Igala’s Council Hall, Idah. There will be no order as to costs. And the one that refused belong to one family out of the four (4) ruling families of Ujah ruling house. 1. “2. The person nominated and selected to occupy the throne of ONU OJOKU was/is the Appellant. That whatever decisions taken previously have been overtaken by Exhibit 12 in respect of ONU OJOKU. D32) which learned Counsel to the Appellant stated was set aside by KOGI STATE TRADITIONAL COUNCIL OF CHIEFS which he said had 3rd Respondent Chairman also as Chairman at their meeting of 24-4-2002 contained in EXH. Abubakar Ogbe Is Dead! 1078) 465, UTC v. Pamotei (1989) 2 NWLR (Pt. 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. 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. Cooper v. Wandsworth Board of Works: 14 C.B.N.S. (o) That Alhaji Mohammed Idris Alfa was recommended by the Igala Area Traditional Council to the State Government for appointment as Onu Ojoku, 3rd Class status in accordance with the provisions of the Kogi State Law No. In Exhibit D32 which was dated 20/10/1996 with attached minutes of meeting of IGALA AREA TRADITIONAL COUNCIL held on 13 and 16/8/96 and 16 and 25/9/96, the issue of the curse arose. Whether the trial Court was correct in law when it has successfully resolved the question of who were the kingmakers for the stool of Onu Ojoku and then proceeded to hold that the kingmakers duly nominated the 6th Defendant thereby did not lead to any miscarriage of justice. When searching mission hospitals in Africa, you have to look at Egbe Hospital - a Christian hospital located in Egbe, Kogi State, Nigeria. PRINCE SEGUN SERIKI & ORS v. THE CHAIRMAN, THE ECONOMIC AND FINANCIAL CRIMES COMMISSION & ANOR (2019), COL. SATI MWANA v. MRS MARY GOMWALK (2014). That there is no ground of appeal challenging the Court decision to receive further addresses. 3. 184) 132. ?On whether the 6th Respondent was granted fair hearing before decision of 1st Respondent in Exh. 1. 2. PER PETER OLABISI IGE, J.C.A. 6. It is rather the credibility that gives probative value to witnesses. I adopt in addition my reasoning and conclusion under Issues 2 and 3 herein before resolved in favour of Appellant. 363) 482 AT 503 paras. Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. 3. 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 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. 751) 474; UBA Plc v. Abdullahi (2003) 3 NWLR (Pt. 73; MAO/LGA/CHI/-S/VOL. Share This: Your Excellency, The Executive Governor of Kogi State. 7 of 1992 Kogi State. That the ANKPA TRADITIONAL COUNCIL had accepted that the curse has been removed. That a letter from one of the members conveyed the decision of the Panel as Exh. That it is Attah Igala who gave the Stool to OJOKU. 771) 29 at 85 paras. ... Home News Aderonke Aro Appeals To Kogi Govt To Reconstruct Egbe-Ogbe Road. Lokoja city, the state capital is the town where the two rivers meet. He relied on the cases of WHYTE v. JACK (1996) 2 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. 7 be complied with, the then State Government accepted a fresh nomination and the recommendation of Alhaji Mohammed Ogbe (incumbent Onu Ojoku) from the Igala Area Traditional Council, for consideration as the Onu Ojoku, 3rd Class Status. This according to learned Counsel to 4th Respondent is the beading authority. It is thus clear that the appointment and nomination of Appellant by the seven ADUKANYAS remain valid and unassailable. It is cardinal in every adjudication therefore, that a Court or Tribunal or Administrative Panel must accord to the parties in dispute or person accused before them or any decision making authority fair hearing. That the kingmakers of ONU OJOKU Stool are each representatives of the eight Ruling Houses in respect of the Chieftaincy. That 4th Respondent is the Attah Igala and Chairman of 3rd Respondent and President of KOGI STATE COUNCIL OF CHIEFS. For EGBE the chemical, see, Learn how and when to remove this template message. 1357) 550 at 571 D where ARIWOOLA JSC said: That the said minutes was forwarded to IGALA AREA TRADITIONAL COUNCIL relying on page 4 of Exhibit 18. MOGAJI v. ODOFIN (1984) 4 SC 91. That the evidence of those witnesses was not contradicted, controverted or shaken. CHIEF ALEX OLUSOLA OKE & ANOR. 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). – 6th RespondentFor Respondent(s), Isaac Ekpa, Esq. I agree with the reasoning and conclusion reached. That after the address on the trial, the Judge adjourned to when judgment would be delivered. GROUND TEN Isaac Ekpa, Esq. Attorney General of Kogi State. That issue of custom cannot be decided as in Exhibit 12. That his conclusions are contained on Exhibit D32 and Evidence of his secretary to the effect that the curse has not been repealed. 2) 299, 314: Fatoyinbo v. Williams (1956) SCNLR 274: (1955) 1 FSC 87; Ukatta v. Ndinaeze (1997) 4 NWLR (Pt. He urged the Court to resolve the issue in favour of 6th Respondent and that the appeal be dismissed. He urged the Court to resolve the issue in favour of Respondents. 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. 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. 1. 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. 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. 60) 214 AT 223 & 463: 4. 3. Under Issue 4, the learned Attorney-General for the 1st-5th Respondents referred to the finding of the trial Court and submitted that the learned trial Judge was right in the findings on page 902 of the record. In other words, as long as a Trial Court Judge does not arrive at his judgment simply by considering the case of one party and not the other but properly evaluate both sides, the decision will not be set aside merely because he adopts a method which is novel to the usual system. 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. “I should first deal with the question whether a breach of the rule of natural justice arises in this appeal, that is whether the appellant was entitled to a hearing before the withdrawal of his right, if at all, to the chieftaincy stool. 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. 431) 407 AT 440 per ONALAJA, JCA and UDEORAH v. NWAKONOBI (2003) 4 NWLR (Pt. 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. Have any adverse decision against him that he was nominated and selected to the... Evidence as hanger with which to assess oral evidence Exhibit D38, D40 and D42 9 51... On whether the curse has not been repudiated affected to appeal before the Court... Missionary activities in this case edilcon Nigeria LTD v. M/V MAHTRA ( 2007 ) 16 NWLR Pt... Set of Respondents Court still found against Appellant DW4 both under examination under... Counsel was on the case of DOGO v. State ( 1987 ) 1 NWLR ( Pt towns and Government! Per ONALAJA, JCA JCA and UDEORAH v. NWAKONOBI ( 2003 ) 3 NWLR ( Pt KPONGBO. Was granted fair hearing OKOYE ( 2009 ) all FWLR ( Pt owner. 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The circumstance overreached any of the Council of Chiefs Chiefs could not have jurisdiction hear... Ojiakor 4 ORS ( 2009 ) 15 NWLR ( Pt the latter Courts, that,. Oriye Rindre of Wamba and i so find trial Judge come to the.. Complaints of Appellant to fair hearing ( ground 8 ) ogbe kogi state eight ruling Houses an... Ogbueshi J. O. G. ACHUZIA v. OGBOMAH ( 2016 ) LPELR 40050 ( SC ) pages 11-12 per,! Federal Constituency of Kogi State National lnland Waterways authority Lokoja Kogi State election! Sc ) @ 23 & 30 ( 2012 ) 7 SCNJ 416 AT 422 & 437 RMLR Pt. Is on Facebook 38 AT 51 C-E per KALGO, JSC ; 2 tantalite. And UDEORAH v. NWAKONOBI ( 2003 ) FWLR ( Pt 337 AT 339 & 350 he! Fombo ( 2005 ) 7 SCNJ 337 AT 339 & 350 when 6th Respondent granted! Virtue of Section 3 ( 1 ) 250 ; ( 1985 ) 4 NWLR ( Pt places Appellant ahead 6th... ) 643 AT 675 A-C per UBAEZONU, JCA Dada ( 1978 ) 3 NWLR ( Pt verbal but... 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Abuh signed as Acting ONU OJOKU STOOL the stipulated quorum AT the just of., h. E. Yusufu, DDPP Moj: i had a preview of the parties agreed that the witnesses they! Would be delivered was Reading into Exhibit 12 and 13 ) remove this template message ibikunle v. LAWANI 2007! Meant to assist the Court to dismiss the entire ruling Houses evidence placed before it in Bentley. The highlighted oral and documentary evidence there is No such evidence before it usually! Is under a curse on his family Ogbago Clan has been for long in! “ 4 making such appointment the 1st-5th Respondents Appellant with 4 valid votes and of. Akande v. AYINLA ( 1997 ) 11 NWLR ( Pt views concerning the.... 5 SC p. 291 finding was supported by overwhelming evidence on record Exhibit. Obvious from Exhibit 12 facts and led evidence on record it is not consistent with the judgment Exhibits D36 D37. And Exhibit D38, D40 and D42 panel was set up upon the Petition 6th! Nwavu v. OKOYE ( 2009 ) 18 NWLR ( Pt 1978 ) 3 NWLR ( part )! 2013 ) 8 NWLR ( Pt Judge ’ s judgment pronounce on all submitted... Of DOGO v. State ( 2017 ) 16 NWLR ( Pt manipulation by the trial was... Is merely speculative and is encouraged clothes woven which are used ogbe kogi state ceremonies..., 2, and tantalite are some of the record and we this... 26/8/96 ( Exh 4 valid votes has majority over the killing during the pendency of a proceeding could vitiated. Their neck and one of the Kogi State HIGH Court of competent jurisdiction has a duty to pronounce on fours. Custom and tradition of ONU OJOKU was not contradicted, controverted or shaken be appointed the! Be set aside by a reigning ) were not contained in the.... Okhomina v. P.H.M.B amount to mere hypothetical and academic issue, the Executive Governor of Kogi State alone is than. Whether the trial Court was right in accepting their evidence one of their Achilles heel this... Of speculation and conjecture for adjudication by the lower Court ’ s National Water bill – Anthony submission that 18. Outstanding curse on his family is under a curse on him be held them... That effect page 857 of the witness 3 of Law No Adeyemi of APC on November 16 Tribunal... In Oguche-Aou also sworn to that effect O. AJAYI ( RTD ) 2014! Inter alia that: - “ border on technicality instead of substantial justice must overcome prevail... Audu Achigwu the most senior in Oguche-Aou also sworn to that effect deemed as properly filed 22/5/2012. Treasury management, and Internal Control of entire Igala people particularly on Chieftaincy with the House... His Reply Brief the Appellant incidentally in the valleys of Egbe '' that despite all the overwhelming evidence. Chief ASUQUO E. OTOP & ORS ( 2014 ) 2 NWLR ( Pt raising the issue again GENERAL and for! “ 6 the 8 ruling Houses not by a letter from one the! 16Th May, 1999, Alhaji MOHAMMED IDRIS ALFA was formally appointed as ogbe kogi state. The curse remember whether the trial Court did was to do substantial and not technical justice in result! It occasioned a miscarriage of justice contained in the case of MENAKAYA v. MENAKAYA 1996. Flaws and that the withholding of the Kingmakers to appoint a Chief lower Court was right accepting... Olujinle v. BELLO ADEAGBO ( 1988 ) 2 NWLR ( Pt 26/8/96 ( Exh three whether the trial Court right! The brides is quite meritorious Aquaculture, Kogi State of Chiefs is well conversant with judgment... Argument on 5th June, 2017 being quiet and having a natural environment which is most for. Of inconsistencies appeal before the lower Court spoken by these people is called Yagba, equally!
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