(1998) JELR 45649 (SC)    

Supreme Court  ·  SC.132/1995 ·  15 May 1998 ·  Nigeria
Other Citations
Okobia v. Ajanya (1998) 6 NWLR (Pt.554) 348 (1998) 5 S.C 66
Okobia v. Ajanya (1998) 6 NWLR (Pt. 554) 348
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
grounds of appeal
lower court
learned trial judge
trial court
3rd defendants
traditional council
1st respondent
inadmissible evidence
learned counsel
native law
1st defendant
exhibit g
nullification of exhibit
judgment of the court of appeal
local government council
village head of enabo
ankpa traditional council
determination of this appeal
kogi state
2nd appellants
2nd defendants
ankpa high court
appointment of the first respondent
conclusion of the trial
court challenge
exhibit g suo motu
first time
following members
following questions
following reliefs
judgment of the trial high court
leading judgment
order of injunction
reconsideration of the rejected exhibits
rejection of exhibits
respective counsel
respect of exhibit m.
ruling of the high court
step iv of the guideline
step iv panel report of investigation
sufficient evidence
village head
wrongful admission of inadmissible evidence

MOHAMMED, J.S.C. (Delivering the Leading Judgment):- This is an appeal from the judgment of the Court of Appeal, Jos Division. The appeal concerns a dispute over the appointment of the first respondent, Mamodu Ajanya, as the clan/village head of Enabo. Soon after the appointment the appellant, as plaintiff, at the Ankpa High Court, now in Kogi State, took out a writ and claimed for the following reliefs:

"(a) A declaration that the appointment (Recommendation and approval) by the 3rd and 2nd defendants, of the 1st defendant as the Clan or Village Head (Onu-Enjema) of Enabo is null and void as the' said 1st defendant was not selected in accordance with the Native Law and Custom relating to the appointment of the Clan Head of Enabo.

(b) A declaration that the 2nd and 3rd defendants acted without jurisdiction when they purported to determine without evidence or sufficient evidence or without complying with Step IV of the guideline that the 1st defendant was the Clan Head of Enabo.

(c) A …

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