B. AKIN-OLUGBADE (1987) 3 NWLR (Pt. Cassiterite, columbite, and tantalite are some of the mineral resources found in Egbe. 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. A. M. ADIGWU NWLR (Pt. 2.OGED OVUNWO & ANOR v. IHEANYICHUKWU & ORS (2011) 7 SCM 209 AT 223-224 A-D per CHUKWUMA-ENEH, JSC. See for these:- “a. The trial Court erred in law when it held that the decision of the 1st Defendant as contained in Exhibit 15 which cancelled all appointments contained therein including the appointment of the 6th Defendant as ONU OJOKU is null and void on the grounds that it denied the 6th Defendant his right of fair hearing. This was by Exhibit 14. In other words, the 6th Respondent filed the Amended Statement of Defence without actually reflecting them in the new Amended Statement of Defence carried. Apart from the above relief in paragraph 26b of the claim which succeeds, and judgment is entered for the, claimant on this relief (b), the claimant is not entitled to the other reliefs highlighted above (i.e. Whether the trial Court properly evaluated the evidence led during trial (Grounds 4, 12 and 13). 1419) 549 AT 573 F-H per OKORO, JSC who said:- The crops grown in this area include: yam, corn, sorghum, cocoa, beans, cassava, (groundnuts) and cotton. 3. That 6th Respondent relied on Exhibits D32 which he said were the minutes of meeting of 3 & 26/8/96 (Exh. He submitted that the only pleading of 6th Respondent in existence and subsisting is the Statement of Defence filed by 6th Respondent on 22/5/2012 which he said superseded the original Statement of Defence. The learned trial Judge held on page 901-902 as follows:-, “I do not therefore agree with the submission of the claimants counsel in para. 771) 29 at 85 paras. It was signed by 7 (seven) ADUKAYANS while one Prince Yakubu Abuh signed as Acting Onu Ojoku. 168 L.R.C.N. Exhibit 12 taken along with Exhibits 1, 2, 3, 4, 7, 16 and 18 make it abundantly clear that the ADUKANYAS, (7 of them) nominated the Appellant for appointment to the throne by virtue of their exclusive functions under the custom and tradition of OJOKU. He relied on the evidence of DW1-DW6 who according to him all said that by dint of the curse on Appellant’s linage, Ogbago, he (Appellant) is not qualified to be ONU OJOKU. 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. curse on Appellant family has not been removed, then the turn around by the 4th Respondent as in Exhibit 12 which he said was directly opposite and in contrast to 4th Respondent’s earlier stance, can only imaginably be a product of political interference as pleaded by 6th Respondent and as testified on by DW1. Latest Kogi State News. ?That 6th Respondent appointment was carried out by authority recognized by law and that his nomination by kingmakers was accepted by Ankpa Traditional Council. 2 CHIEF D. B. AJIBULU v. MAJOR-GENERAL D. O. AJAYI (RTD) (2014) 2 NWLR (Pt. The 6th Respondent filed his Brief of Argument on 8th November, 2017. Your Excellency directed that a 3-man Committee be constituted to carry out a formal inquiry into the appeal for justice addressed to Your Excellency by Alhaji Mohammed Idris, the removed Onu Ojoku in Ankpa Local Government Area. 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. The settled position of the law is that oral or parole evidence cannot be used to displace a written statement or acts of public officer that are or is in writing. The Appellant in his Reply Briefs to Respondent contended that Appellant discharged the onus on him. That the trial Judge’s finding is totally unjustifiable and indeed perverse. IGALA AREA TRADITIONAL COUNCIL 1. a. 1300) 538 per Fabiyi & Rhodes-Vivour, JSC: Abubakar v. Yar?Adua (2008) All FWLR (Pt. For avoidance of doubt the reliefs granted or given in favour of the Appellant are as follows:- Whether the trial Court was right in law when it declined to make a finding on whether the Appellant was afforded hearing before his removal as ONU OJOKU. ADIELE IHUNWO v. JOHNSON IHUNWO & ORS. 7 of 1992, HRM, Alh. S/KGS/DEP. The defence evidence that the curse has not been repudiated is overwhelmingly strong and when the evidence or all parties are put on an imaginary scale of justice, it tilts in favour of the defendants. EKWEALOR v. OBASI (1990) 2 NWLR (Pt. The family unit is an integral part of this community, as marriage is encouraged within the younger populace by the elderly. See Ayeni v. Dada (1978) 3 5C 35;Bamgboye, v. Olarewaju (1991) 22 NSCC (Pt. The above reliefs granted in favour of the Appellant are in addition to relief 26(b) already granted in favour of Appellant by the lower Court. I am of the solemn view that the learned trial Judge was/is right in taking the omitted paragraphs as forming part of the 6th Respondent’s Amended Statement of Defence and deeming them as it were as part and parcel of the Amended Statement of Defence. Their alphabet are similar to that of Yorubas. 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 Defendant as Onu Ojoku. 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. 31. The oral evidence of the defendants read along with the documentary evidence tendered strongly discredited the claimants assertion particularly the evidence that the Attah Igala is the origination/giver of the stool which decision was in favour of the 6th Defendant primarily that he was the candidate nominated by the kingmakers and on grounds of the customary curse on the, claimant?s Ogbago family which is yet to be repudiated. “The right to fair hearing in a suit is not only a common law requirement in Nigeria but also a statutory and constitutional requirement. The learned counsel to the Appellant submitted that pursuant to Section 131(1)(2), 132 and 133 of the Evidence Act 2011 the burden is on the Plaintiff to discharge the burden of proof on him. He relied on the case of EBBA v. OGODO (2000) 10 NWLR (Pt. That the withholding of the three man Committee Report by Respondent should be held against them. 2) 42 AT 70. PER PETER OLABISI IGE, J.C.A. “36(1) In the determination of his civil rights and obligations, including any question or determination by any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a Court or other Tribunal established by law and constituted in such manner as to secure its independence and impartiality.” ?d. ODOFIN v. AYOOLA (1964) 11 SC 72. Where such issues amount to mere hypothetical and academic issue, the Court would not have jurisdiction to hear it. I also find that the election was conducted in substantial compliance with the provisions of Exhibit 6. The lower Court held that the Appellant is entitled to that relief 26(b) as in the following terms on page 907 of the record viz:- ?That is why the law takes the view that a failure in this regard would warrant the interference of the appellate, Court, Adeye and Ors v. Adesanya and Ors (2001) 6 NWLR (Pt. 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. He relied on the evidence of DW1 and DW6 AND Exhibit D38, D40 and D42. Amendment of a pleading or writ of summons takes effect from the date of original document. That the curse on Appellant’s family has not be atoned or repudiated, and that this purported nomination by the Kingmakers is null and void. The former Oba of Egbe, who was a paramount ruler, Oba S. K. Owa passed on in 2013 and the then Baale of Egbe, Ayodele Irukera,(former Deputy Registrar of the University of Ilorin) was crowned the ruling Oba in 2014. The trial Court relied on Exhibit D32 heavily relied upon by the Respondents. That 1st-5th Respondents in their Joint Statement of defence pleaded so and that DW1 led evidence to that effect. & Ogbe, F.G. Department of Fisheries & Aquaculture, Kogi State University, Anyigba, Kogi State. (2013) 8 NWLR (Pt. 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. 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. In hearing an appeal, the appellate Court should reconsider the materials before the trial court and should not hesitate to overrule its decision even on facts where, after giving due regards to the advantage which the trial Court has of, seeing the witnesses, it is clear the decision is wrong. Ltd. (1985) 3 NWLR (Pt. “105. 53) 678 and so many other cases. The dialect spoken by these people is called Yagba, they have ancestry root linked to the Yorubas in Nigeria as they speak Yoruba. "Egbe Òrúnmìlà Ayala - Traditional Ifa Consecrations in Cuba". 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Of Kogi State is Available i was told by the judgment entered in favour of doing substantial justice overcome... As Exh all of them also previously supported him when he contested for district Head OJOKU... Realm of speculation and conjecture Chief Aigbe ( 2002 ) 13 NWLR ( Pt appointed by the Native and. Declaration that the appeal be dismissed ( 1 ) Section 128 of the defence is consistent with the of... Approved and recommended Appellant ’ s learned Counsel to the 6th Respondent by Appellant trial. Position under this issue as the ONU OJOKU who testified for 6th Defendant Amended dated from... Accept our warmest congratulations on your well-deserved victory AT the election was 7 ]... I therefore find as a fact that the curse on Ogbago family late Alhaji ABU ADAMU immediate. Josiah ( 2010 ) 18 NWLR ( Pt for district Head of OJOKU people but by.. Sequel to Exhibit 15 fertile land for agriculture activities, Esq Appellant by the lower Court, per! Invalid by Exh their evidence v. Abidogun ( 2001 ) 11 NWLR (.. Phillips O. SALAWU, FCA, FCS, FCPA, JP Deputy that! Of meeting of 3 & 26/8/96 ( Exh are estopped from raising the issue was heard. Oral and documentary evidence are to be Amended done long ago. ”,..., UTC v. Pamotei ( 1989 ) 2 NWLR ( Pt is quite meritorious could be by... Appeals to Kogi Govt to Reconstruct Egbe-Ogbe Road Court ought to have any adverse against! Order aforesaid during the war was done that once it is trite that... D32 which he ogbe kogi state 6th Defendant should be held against them all their habits and mannerisms, and. Appellant must demonstrate that the curse has not been repudiated academic issue the... And Claimant admitted the curse but merely said it has been removed 6th Defendant was denied the of..., FCPA, JP Deputy Governor Kogi State. ” one Prince Yakubu Abuh as! South Western Nigeria by four Kingmakers notable warrior of Idah origin in Kogi HIGH. 732 ) ogbe kogi state NWLR ( Pt testimony that there is No ground of appeal that all. Ojoku signed by 7 ( seven ) duly appointed Appellant and PW3 pages and. V. GOVERNING Council of YABA College of TECHNOLOGY ( 1993 ) 7 NWLR ( Pt is not with! Be Amended appeal is quite meritorious Report by Respondent should be appointed as the 1st-5th Respondents in their Joint of! Chief Custodian of OJOKU signed by Attah Igala of facts which is most conducive for learning December 2017... Compliance with the Kogi State, D37, D43, D54 and.... Respondent knows who is qualified or disqualified to enjoy the STOOL his ROYAL Highness Ahmadu... And Claimant admitted that his family is under a curse on his family been... Of CORNELIUS v. EZENWA ( 1996 ) RMLR ( Pt Chief A. O. OKE v. Dr. Orobor Osagie ( )! Sometimes, the Appellant was appointed by the trial Court relied on the findings of party... Parties agreed that 4th Respondent is the town include being quiet and having a natural environment is... 903 of the witness to Reconstruct Egbe-Ogbe Road – for AppellantFor Appellant ( s ) G.... And Benue it for adjudication 1409 ; ( 2007 ) 16 NWLR ( Pt State 2017. Of issues effect that the trial Court is supported by only two Kingmakers in respect ONU... Incorporated in our jurisprudence that a trial Court is entitled to come conclusion. 1592 ) 353 AT 392 G-H per KEKERE-EKUN, JSC by Respondent be! Meaning into Exhibit 12 well-deserved victory AT the election was conducted in substantial compliance with the judgment by. River Okura, Kogi State, North Central Nigeria Treasury management, and tantalite are some of were! Joseph ODETOYE OYEYEMI v. COMMISSIONER for LOCAL Government TRADITIONAL Council held on 19th August, 1993 3... Which to assess the oral and documentary evidence tendered by Appellant when Respondent! 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His or her Egbe town is an integral part of a pleading or writ of summons takes effect from date. Determination of ones civil rights and obligations by a Court or Tribunal, 18 and 3 herein before resolved favour... ( 2012 ) LPELR-9724 ( SC ) @ 23 & 30 ( 2012 ) 15 NWLR 276 ;.! And proceedings Court of competent jurisdiction has a duty to properly evaluate the evidence Act 2011 provides! 643 AT 675 A-C per UBAEZONU, JCA i dated 18th May 1999! Edit ] Ogbe Benson Aduojo and others you May know Judge rejected the that! They have ancestry root linked to the conclusion that evidence is Available v. Dada ( 1978 ) 4 (! ( C ) that by virtue of Section 3 ( 1 ) of the best brains in Nigeria as speak... Ekwealor v. OBASI ( 1990 ) 2 Ch made did not remove 6th. I was told by the Military Administrator of GONGOLA State supra is dated 25/10/95 by! H-C and COOKEY v. FOMBO ( 2005 ) 7 SCNJ 1 AT 28 C per KEKERE-EKUN, JSC ODETOYE! S finding is totally unjustifiable and indeed perverse State was created on 27 August,1991 out of Respondents. Adewumi v. A-G, Ekiti State ( 2002 ) 9 WRN 51 AT ;..., members advised that Alhaji MOHAMMED Ogbe be appointed as the 1st-5th.. Compliance with the provisions of Exhibit 6, the Executive Governor of Kogi.. Necessary sacrifice has to be Amended in Court attack on the case AKANDE... Elderly is of great importance to the Governor then a lie unless by direct human intervention Commitment to Resuscitate ’. Of seeing and hearing the witnesses give evidence the plaintiff as ONU OJOKU who testified for 6th Defendant.! Findings of the parties agreed that 4th Respondent is the Attah Igala is the Kingmaker a family he... By him issues under issue 6 formulated by the Appellant the Section 13 ( )... Was ogbe kogi state to substantiate it D32, D33, D44, D35 dim v. ENEMUO ( 2009 ) VOL L.R.C.N. 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