(2018) JELR 38768 (CA)    

Court of Appeal  ·  CA/A/96/2014 ·  6 Feb 2018 ·  Nigeria
PETER OLABISI IGE Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
6th respondent
6th defendant
statement of defence
learned trial judge
stool of onu ojoku
attah igala
learned counsel
exhibit d32
ankpa traditional council
custom of ojoku people
native law
amended statement of defence
kogi state
onu ojoku stool
statement of claim
1st-5th respondents
1st defendant
appointment of a candidate
favour of the 6th defendant
issue of curse
favour of the respondents
kogi state government
minutes of meeting of kogi state council
preponderance of evidence
proceeding of the kogi state council of chiefs
right of fair hearing
claimants ogbago family
detriment of the appellant
evidence oral
findings of the lower court
grounds of the customary curse
high court of justice
learned trial judge coram
minutes of meeting of ankpa traditional council
part of an invalid part of statement
part of the decision of the court
powers of the traditional kingmakers
relevant kingmakers
said amendment
said process
subsisting court order
subsisting onu ojoku
totality of the evidence
virtue of the chief

PETER OLABISI IGE, J.C.A. (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. AHC/5/2009 the following reliefs:-

a. A declaration that under the Native Law and Custom of Ojoku people and Onu Ojoku stool, the plaintiff is the rightful person entitled to the stool of Onu Ojoku and indeed the subsisting Onu Ojoku having been duly selected and appointed by the relevant kingmakers (Adukanyas) of the ruling houses.

b. 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.

c. An order declaring that the approval of appointment of the plaintiff by the Kogi State Government as Onu Ojoku in 2002 is regular and proper and in accordance with the pro…

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