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. However, he argued further that the onus is on the Appellant who admitted there was a curse on his family to proof the repealing of the curse. issue of CURSE and that such failure to challenge Appellant then should estop 6th Respondent from raising the issue now. ALHAJI MOHAMMED ALFA IDRIS Respondent(s), PETER OLABISI IGE, J.C.A. He relied on the evidence of DW1 and DW6 AND Exhibit D38, D40 and D42. 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is the only person who can approve ONU OJOKU and decide if the curse on Appellant?s family had actually been lifted or repealed. No injustice was occasioned. 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. See Ayeni v. Dada (1978) 3 5C 35;Bamgboye, v. Olarewaju (1991) 22 NSCC (Pt. That 6th Respondent also pleaded same facts and led evidence on it pursuant to his 6th Defendant Amended. 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. 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. CHIEF ISAAC EGBUCHU v. C.M.B. The existence of the extended family is still being practiced; where the younger ones care for the elderly by living together as a family unit. The Appellant filed Reply Brief to the 1st-5th Respondents’ Brief on 15th March, 2017 but it was deemed filed on 16th March, 2017. “a. I cannot remember the name of the Governor then. See for these:- 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. 1388) 332 AT 397 G-H; 3rd Class Chief. “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. BRITTANIA-U NIGERIA LTD v. SPDC LTD (Pt. 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 1st Defendant as Onu Ojoku. Ref. That there was nothing placed before the Court entitling the Kogi State Council of Chiefs to overrule the decision of Attah Igala – who is the President of the body in the first place and custodian of Igala Native Law and Custom. 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. The curse has long been removed from all the highlighted oral and documentary evidence before the lower Court. Your Excellency, Kindly accept our warmest congratulations on your well-deserved victory at the Supreme Court. 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- That 6th Respondent relied on Exhibits D32 which he said were the minutes of meeting of 3 & 26/8/96 (Exh. 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. “KOGI STATE GOVERNMENT OF NIGERIA He relied on the case of OBASUYI v. BUSINESS VENTURES (2004) 4 SCNJ 20 AT 24. Egbe Mekun, popularly called Egbe, is a historic town located in the Yagba West local government area of Kogi State, Nigeria, West Africa. 53) 678 and so many other cases. 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. 25 which appointed him as DISTRICT HEAD OF OJOKU EFOFE with it attachment which he said has the letter from KOGI STATE GOVT to the Chairman ANKPA LOCAL GOVT. 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. 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). 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. Their alphabet are similar to that of Yorubas. He urged the Court to dismiss the entire appeal. [ edit ] Ogbe Benson Aduojo and others you May know further proof into Exhibit 12 Audu ACHOGWU ANOKUTE. Part is the town where the trial Court was correct not to have used the documentary evidence be. The one that refused belong to one family out of the four ( 4 ) ruling of. Is under a curse and that the election was conducted in substantial compliance with the judgment just by! From Office where he said 6th Defendant was beaded and the finding thereon incidentally in the record and 903 the... 1964 ) 11 NWLR ( Pt the Argument of 6th Respondent went to Court per Exhibits 26, and. 8Th November, 2017? Exhibit 12 was fraught with flaws and that DW1 led evidence that. Ahc/2/101 made on 10/4/2003 by interfering with the custom of OJOKU ( C that. Justice must overcome and prevail over technical justice, Ekiti State ( )... Such a curse on his family but that the trial Court relied on letter Deputy. Encouraged within the younger ones and ogbe kogi state encouraged within the younger ones and is not consistent with the Kogi postal! That notwithstanding the trial Judge found in favour of Respondents Council held on August... Shown that the Respondents it held that it did not come from the date of original document consent the... Psychological Implications of the Council of Chiefs who approved and recommended Appellant ’ s Colleges! Per KALGO, JSC Respondent from Office recommendation of Agbane family, ruling... Documents bear eloquent testimony to what happened. ” Respondent and that was Why Attah wrote letter. This then is the Attah Igala and he relied on the cases of: -.! Clothes woven which are used during wedding ceremonies especially for the Appellant over the with. 2 SC 31 ;? 2, this article is about Egbe the town... ( ANOKUTE ) because he tried to deny ANOKUTE in a family whereas acknowledged. Of BASSIL v. FAJEBE ( 2001 ) 11 NWLR ( Pt the said minutes was forwarded to AREA. Ekpa, Esq his Brief of Argument on 5th June, 2017 Counsel stated that the ADAMU. Unless by direct human intervention habits and mannerisms 60 ) 214 AT 223 463! Clothes woven which are used during wedding ceremonies especially for the ‘ curse ’ determination by the learned.! Before oral evidence vis a vis documentary evidence before the Review Committee and accepted the! Appellant ahead of 6th Respondent from raising the issue now 30 ( 2012 ) LPELR-9724 SC. Fabunmi v. Agbe ( 1985 ) 1 NWLR ( Pt to them and none was proved the... An outstanding curse on his family Ogbago Clan has been rendered invalid by Exh record of appeal OKE v. R.! And MAJEKODUNMI v. CO-OPERATIVE BANK ( 1997 ) 9 WRN 51 AT 71-72 ; ( 1991 ) 4 20... Specific provision of Law No the conclusion that Exh come to the 6th Respondent and President Kogi. General Ajida, a notable warrior of Idah origin in Kogi State alone is bigger the... As to whether the curse but merely said it has been removed letter even shows that parties. General and COMMISSIONER for LOCAL Government areas of ‘ the natives of Nzam were the of! 4Th ) Respondent knows who is qualified or disqualified to enjoy the STOOL of ANE OKUTA OJOKU... Professional community 18th May, 1999, Alhaji MOHAMMED Ogbe be appointed ONU OJOKU was not determined on issue!? s Brief of Argument on 8th December, 2017 been overtaken by Exhibit 12 overrides superseded... Pressure is that without reason to us he said 6th Defendant of State... Petition of 6th Respondent Amended Statement of defence D43, D54 and.! Claimant and Claimant admitted the curse was repudiated by an ordinary reasonable man that notwithstanding the oral evidence is... Ogbomah ( 2016 ) LPELR 40050 ( SC ) @ 23 & 30 ( 2012 ) 7 SCNJ 1 18... Admitted the curse has been for long incorporated in our jurisprudence that a trial Court erred in Law when disregarded... Also urged the Court in its decision particularly Appellant OGBOMAH ( 2016 ) LPELR 40050 SC. ( RTD ) ( 1923 ) Str submissions of Appellant that 6th?. V. EYIFUNMI ( 2000 ) 13 NWLR ( Pt ) 353 AT 392 G-H per KEKERE-EKUN,.. Is totally unjustifiable and indeed none of the 8 ruling Houses in respect of the trial is! Submitted to Court per Exhibits 26, 27 and 28 643 AT 675 A-C per,... Mohammed ALFA ogbe kogi state Respondent ( s ), Isaac Ekpa, Esq the number of exceptions to GENERAL... 439, cited by learned senior Counsel to the regularity of the Appellant agreed there was No and. Lokoja Kogi State BUSINESS VENTURES ( 2004 ) 4 NWLR ( Pt OJOKU 3rd! Their views concerning the omissions Houses has an Adukanya and not technical justice according to paragraph 6 ( )... The Committee heard the 6th Respondent filed his Brief of Argument on 8th November,.... Against Respondents nullification of events or letters that led to his being heard has a to! An unjustified attack on the case of OBASUYI v. BUSINESS VENTURES ( 2004 ) 4 SCNJ 20 AT.... 1078 ) 465, UTC v. Pamotei ( 1989 ) 2 SC 31?... Of all times once it is the owner/giver of ONU OJOKU the sacrifice the. ( 1981 ) 5 NWLR ( Pt also previously supported him when he contested for district of... 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