JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja delivered on 12th January, 2009 wherein the lower court affirmed the decision of the trial court entering judgment in favour of the 1st-4th respondents (as plaintiffs). A synopsis of the facts leading to this appeal will suffice.
The stool of the paramount ruler of Ebiraland in Kogi State became vacant on the 10th of July, 1996 following the demise of Ohinoyi Muhammed Sani Omolori. At the time of this vacancy, the relevant statute regulating ascension to the stool of Ohinoyi of Ebiraland was the Kogi State Chiefs (Appointment, Deposition and Establishment of Traditional Councils) Law, 1992.
After the performance of the burial rites, interested Ebira sons started submitting applications for the vacant stool. The applications received by the Ebira Area Traditional Council which was the body of Kingmakers included the applications of some of the respondents.
On t…