Alhaji (Dr) Ado Ibrahim V. Alhaji Maigida U. Lawal (2015)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

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 the 6th of May, 1997, the Military Administrator of Kogi State enacted an Edict known as “Procedure for Ascension to the throne of Ohinoyi of Ebiraland Edict No. 3 of 1997” which came into force on the 6th of May, 1997.

On 9th of May, 1997, the Ebira Area Traditional Council met to deliberate upon the applications already submitted by interested candidates to the vacant stool. The council thereafter shortlisted three names including the appellant to the Military Administrator for appointment to the vacant stool. The Administrator thereafter appointed the appellant as the Ohinoyi of Ebiraland on the 2nd of June, 1997.

The Respondents, who are sons of Ebiraland interested on the stool of the Paramount Ruler felt aggrieved by the failure of the appointment to follow due process culminating in depriving them of the opportunity of vying for the status/post and alleged breach of several provisions of the laws applicable to the Chieftaincy Stool.

On 6th March, 1998, the 1st-4th respondents as plaintiffs along with two others now deceased instituted this action against the appellant and the 5th & 6th respondents challenging the appointment of the appellant as the Ohinoyi of Ebiraland. In the statement of claim found on pages 6-11 of Volume 1 of the record of appeal, the following reliefs are claimed:

i. A DECLARATION that the 13th Defendant having not vied or applied for the stool of Ohinoyi of Ebiraland and 3rd-11th Defendants having not recommended the 13th Defendant to the 1st Defendant for the post or office of Ohinoyi of Ebiraland, the purported appointment of the 13th Defendant by the 1st Defendant as the Ohinoyi of Ebiraland in his letter dated 2nd June, 1997 is illegal, null and void and of no effect whatsoever.

ii. A DECLARATION that the purported recommendation of the 13th Defendant by the 3th-11th Defendants to the 1st Defendant as the Attah of Ebiraland at their meeting held on 9th May, 1997 is contrary to the clear provisions of Edict No. 3 of 1997 and therefore null, void and of no effect whatsoever.

iii. A DECLARATION that it is impossible for the 3rd-11th Defendants to have called for nominations of interested candidates for the post of Ohinoyi of Ebiraland, screened candidates for the said office or stool, interviewed the candidates and short-listed them for deliberations, asked for or combed their antecedents within a period of three days, to wit, between 6th of May, 1997 to 9th day of May, 1997 is immoral, dishonest, unfair, untraditional, illegal, null, void and of no effect whatsoever.

iv. A DECLARATION that the shutting-out or prevention of the Plaintiffs who are bona-fide indigenes of Ebiraland and primarily and eminently qualified to contest and ascend the stool of Ohinoyi of Ebiraland by the 3rd-11th Defendants is unfair, undemocratic, uncustomary and constitute(s) a breach of the clear provisions of Edict No. 3 of 1997.

v. A DECLARATION that the title of the Paramount Ruler of Ebiraland is Ohinoyi of Ebiraland and therefore, the 13th Defendant who styles, labels and presents himself as Attah of Ebiraland is not a Paramount Ruler, Traditional Chief of Ebiraland and has no power or right to the functions of a Paramount Chief or Ruler of Ebiraland.

vi. AN ORDER setting aside the purported appointment of the 13th Defendant by the 1st Defendant as the Ohinoyi of Ebiraland.