That in view of this the Appellant cannot be heard to complain of not being given fair hearing concerning his removal as ONU OJOKU in 2004 and subsequent reinstatement of 6th Respondent whose earlier appointment as ONU OJOKU in 1999 was still valid and subsisting in accordance with Chiefs Law 1992 as according to the Hon. NIGERIA Whether the trial Court was correct in law when it has successfully resolved the question of who were the kingmakers for the stool of Onu Ojoku and then proceeded to hold that the kingmakers duly nominated the 6th Defendant thereby did not lead to any miscarriage of justice. v. Aigbe (supra).” On page 2 last paragraph to page 3 of Exhibit 7 the ANKPA TRADITIONAL COUNCIL whose Chairman is a member of KOGI STATE COUNCIL OF CHIEFS had this to say:- 1054) 210 AT 236. 2. On the meaning of fair hearing, this Court in Inakoju v. Adeleke (2007) 4 NWLR (Pt. It is trite law that a Court of competent jurisdiction has a duty to pronounce on all issues submitted to it for adjudication. – for AppellantFor Appellant(s), G. O. Salihu, Esq. Now the principle has been for long incorporated in our jurisprudence that a man cannot be condemned without his being heard. The donation was made during a courtesy visit to the palace of the Ologbe of Ogbe, Oba Ampitan Kolade Orebiyi in Ogbe, a suburb community in Yagba West Local Government of Kogi State. By Comrade Adelabu May 07, 2020, 12:48 pm 0. 1388) 332 at 397 G-H. No wonder in Egbe and indeed the entire region of Yagba in Kogi State, it is hard to cover a 500 metres radius without coming across an educational institution. Course of River Okura, Kogi State, North Central Nigeria. He relied on the evidence of DW1 and DW6 AND Exhibit D38, D40 and D42. Tribunal made improper use of the opportunity of its having seen and heard the witnesses testified before it. This was stated in Exhibit D47 page 2 of the letter of Deputy Governor (then) to the Governor dated 15/6/2004. 2. When such is the case, a Court of justice cannot shut its eyes to the breach of the rule or fail to give effect to its implications simply because it has not been raised on the pleadings. Yes, it is correct, he is price Abubakar Audu. See the case of ALHAJI MUSA NAGOGO IBRAHIM v. ALHAJI MOHAMMED SARKI ALIYU (2000) 13 NWLR (PART 683) 38 AT 51 per KALGO, JSC who said:- Kogi State government has installed Alhaji Muhammed Ogbe as the new second class Onu Ojoku in Ankpa Local Government Area.Conveying the decision of the government on behalf of Governor Yahaya Bell Kogi State government has installed Alhaji Muhammed Ogbe as the new second class Onu Ojoku in Ankpa Local Government Area. JATAU v. AHMED (2003) FWLR (Pt. He relied on the cases of:- 98-100; Fabunmi v. Agbe (1985) 1 NWLR (Pt. ... Why Ogbe Ward Should Produce Next Council Chairman. 3rd Class Chief. GROUND ELEVEN 1101) 422 at 426 & 441. That the 5th Respondent thereafter cancelled the Appointment of 6th Respondent as ONU OJOKU and that based on Committee Report accepted by 1st Respondent the fresh nomination of Appellant succeeded vide Exhibits 4 and 7 which he said also addressed the issue of the ‘CURSE’ on OGBAGBO family and found it has been atoned. Your Excellency, Kindly accept our warmest congratulations on your well-deserved […] The Committee met and perused all the relevant documents on the Onu Ojoku Stool and found as follows:- Population of approximately 20,000, This article is about Egbe the Nigerian town. Exhibit P3 is the letter dated 24/10/95 addressed to the Royal Adukanyas of Ojoku Kingdom informing the Kingmakers that the two Ruling families of Agbene-Onu Ejinya comprising Ogbago, Ocheme, Oguchapu and Odomado have nominated the Appellant to ascend ONU OJOKU throne. That the ANKPA TRADITIONAL COUNCIL had accepted that the curse has been removed. This was on 22-5-1996. 1. He relied on Exhibits 1, 2, and 3. The trial Court erred in law when it neglected and failed to consider a very serious issue raised by the Appellant that his removal as ONU OJOKU and reinstatement of the 6th Defendant during the course of a suit wherein there was an order of injunction in his favour was illegal and unlawful thereby occasioning a miscarriage of justice. (1) When a judgment of a Court or any other judicial or official proceeding contract or any grant or other disposition of property has been reduced to the form of a document or series of documents, no evidence may be given of such judgment or proceeding or of the ferns of such contract, grant or disposition of property except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under this Act, nor may the contents of any such document be contradicted, altered, added to or varied by oral evidence.” Amendment of a pleading or writ of summons takes effect from the date of original document. 3rd Class Chief – with effect from when the State Government approves the appointment. The trial Court erred in law when it place heavy reliance on Exhibit D32 which had been rendered invalid by Exhibit 12 minutes of meeting of Kogi State Council of Clients, to find in favour of the Respondents and this occasioned a miscarriage of Justice. That it showed consent to the regularity of the beading of Appellant in May, 2002 per Exh. “1. In conclusion,he urge all well-meaning of Yagba west and kogi at large to queue behind Governor yahyah Bello as he lead the people of the state to build a stronger bigger and greater kogi state of our dream. 103) 244 @ 251. I think not. 32. That it was in attempt to file clean copies of the Amended Process that certain paragraphs of what was sought to be amended were inadvertently omitted. OGBE - What does OGBE stand for? Gongola (1988) 2 NWLR (Pt. Log In. ….if the defendant is able to adduce evidence oral or documentary which had the effect of discrediting the plaintiff’s evidence: such declaration should be refused.” Work. He relied on KIMDEY v. THE MILITARY ADMINISTRATOR OF GONGOLA STATE supra. 2. Exhibit 12 relied solely on the recommendations of the Ankpa Area Traditional council?s recommendation based on the decision of the Kingmakers and in accordance with all the necessary investigations carried out in Exhibits 7, 16, 18 and other documents already considered under Issue 2. ... National lnland Waterways Authority Lokoja kogi State National lnland Waterways Authority Lokoja kogi State. Based on the above facts, Ankpa Traditional Council thus accepted and resolved that ritual of atonement in respect of the killing during inter-family war of ascendance has been performed before Onu Ojoku (late).”. ALHAJI ALIYU OBAJE (ATTAH IGALA) That the selection of Alhaji Mohammed Ogbe was endorsed by the whole four 4 Kingmakers of Ochakwu and presented in line with our customs and tradition to us, the eight kingmakers of Onu Ojoku thereby, seven (7) of us accepted the selection and one refused. ?The findings of the learned trial Judge on pages 896-897 of the record are against the gamut of oral and documentary evidence before the trial Court. 1163) 1 AT 22 B-E per MUNTAKA COOMASSIE, JSC who  said:-. The Claimant therefore cannot claim to have been nominated by a majority of the kingmakers of Onu Ojoku in view of this customary curse for any such nomination and or recommendation by kingmakers or a candidate with a customary impediment or a curse cannot be valid and I so hold, resolving this issue ill favour of the defendant.”. On whether the curse has been lifted, the minutes of the meeting said at the last paragraph thus:- ?That on 16th May, 2012 the Court granted leave to the 6th Respondent to amend as prayed. That since the nomination and selection of the Claimant is against the tradition and custom of Ojoku by virtue of the curse on Gbagbo Clan Appellant’s appointment and beading cannot stand. That the trial Court was right in accepting their evidence. 3rd Class Chief. That the decision is not perverse. Locality Latitude Longitude Distance Bearing; Erusu Akoko, Ondo, Nigeria: 7° 31' 37" N: 5° 46' 6" E: 65.8km (40.9 miles) Okene Mine, Okene, Kogi, Nigeria I think to this Court is entitled to come the conclusion that evidence of DW2 and DW3 contradicted Exhibit 2. 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. The complaint of the Appellant is well founded. 8. It must be proved that the Learned Trial Judge or Tribunal did not properly appraise the oral and documentary evidence placed before it. There is another reason. Whenever the rights and obligations of a person is involved or called to question before a Court, Tribunal or, Quasi judicial Tribunal or administrative panel such a person must be given opportunity of being heard. 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. 24 removing the Appellant from being ONU OJOKU 3rd Class chief. He then laid down the procedure. PER PETER OLABISI IGE, J.C.A. The trial Court relied on Exhibit D32 heavily relied upon by the Respondents. 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 1st Defendant as Onu Ojoku. The trial Court erred in law in failing to resolve the question of who the kingmakers for the stool of ONU OJOKU were before proceeding to hold that the kingmakers duly nominated the 6th Defendant thereby leading to serious miscarriage of justice. Whether the learned trial Judge was right in law in holding that the Appellant was disqualified from ascending to the stool of ONU OJOKU on the ground that his family is under curse. 732) 16; Enilolobo v. Adegbesan (2001) 2 NWLP (Pt. See:- To connect with Ogbe, sign up for Facebook today. Learned counsel for the appellant, however, took the matter too far when he implied that the appellant was entitled to a fair hearing in the con of Section 33 of Constitution of 1979. The deeming Order made did not and could not have in the circumstance overreached any of the parties particularly Appellant. History. He also relied on Letter of Appointment of Appellant Exh. 683) 38 AT 51 C-E per KALGO, JSC. (Italics mine) The town is known for its hospitality and the fact that it is located on the federal road axis, it serves as a central location to access other communities. Yahaya Bello: Beyond Mouth-Agape. Whether the trial Court properly evaluated the evidence led during trial (Grounds 4, 12 and 13). 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 haven been duly selected and appointed by the relevant kingmakers (Adukanyas) of the ruling houses. 519) 40 AT 48. It can lead to miscarriage of justice if a Court should fail to consider issues placed before it and rule on it or take decision one way or the other. (2013) 8 NWLR (Pt. He also adopted the submissions made under Issue 2. “There was undisputed and unchallenged evidence that at the end of the voting, the result was that 7 persons voted for the appellant and 3 for the respondent. & Ors. Latest Kogi State News. 2. The measuring yardstick is the consideration of the totality of the entire case thus arriving at the just determination of the issues in controversy. a. I also find that the election was conducted in substantial compliance with the provisions of Exhibit 6. It is one of the biggest towns found in Yagba land with long history of commercial activities; People come from far and near for trading purposes. 4. 248) 439, cited by learned senior counsel for the appellant. That Attah Igala is the owner of the STOOL. The learned counsel to the Appellant submitted that once a Statement of Defence has been amended, the amended Statement of Defence replaces the original statement of defence. (1997) 12 NWLR (Pt. OKOKO v. DAKOLO (2006) 14 NWLR (Pt. C-F.” 2. Kogi State.”. Amendment of a pleading or writ of summons takes effect from the date of original document. It was not enough that the Chief President took umbrage under hackneyed subterfuge of demeanour of the witness. 544) 130 AT 137; 3. It is also relevant to state that Appellant was appointed by the Military Administrator of Kogi State Col. P.U.N. 159 A-H per NWEZE, JSC who said:- He relied on the cases of:- “I am satisfied that if the High Court and the Court of Appeal had taken a correct view of the matter and considered the true effect of the exhibits before the Court of trial, especially Exhibits “A”, “B” and “C” they also would have allowed the appeal. 33. v. OSOSANYA (2004) 1 SC (Pt. View Daniel Ogbe’s profile on LinkedIn, the world's largest professional community. It was signed by 7 (seven) ADUKAYANS while one Prince Yakubu Abuh signed as Acting Onu Ojoku. Director of Civil Litigation, Moj. 6. Ogbe and his family lived around Ankpa in … 12. pleading before the trial Court the decision is prejudicial to the interest of Appellant and it occasioned a miscarriage of justice. See Ayeni v. Dada (1978) 3 5C 35;Bamgboye, v. Olarewaju (1991) 22 NSCC (Pt. ODIFE v. ANIEMEKA (1992) 7 SCNJ 337 AT 339 & 350; 7 of 1992. CHIEF A. O. OKE v. DR. R. O. MIMIKO & ORS (2014) 1 NWLR (Pt. He urged the Court to hold that the trial Court was right in its decision. 180 at 194: also Broadbent v. Rotherham Corporation (1917) 2 Ch. The position of this Court on the need to do substantial justice was clearly stated in: Obiora v. Osele (1989) 1 NWLR (Pt. The (ADUKANYAS) presented the Appellant as nominated candidate for the throne of ONU OJOKU beaded Chief. That from the entire circumstances of this case especially with evidence of DW1-DW6 read with Exhibits D38, D40 and D41 there was no miscarriage of justice. 3. Kogi state is one of the 36 states in Nigeria. He submitted that the trial Court was correct in law when he held that the decision of the 1st Respondent as contained in Exhibit 15 denied the 6th Defendant as ONU OJOKU his right to fair hearing and 3rd Defendant have no right to bead the Appellant as ONU OJOKU and hence the beading of Appellant is void. 15 to 21 of his statement of defence (amended) were not specifically denied on the issue of curse. I therefore find as a fact that the curse has not been repudiated. 4. See CHIEF NYA EDIM EKONG v. CHIEF ASUQUO E. OTOP & ORS (2014) 11 NWLR (Pt. I was told by the Attah that he was pressurized and that was why Attah wrote the letter debeading the 6th Defendant. B-D where NIKI TOBI, JCA (later JSC) of blessed memory had this to say: “The position of the law is that parol evidence cannot or could not be allowed to contradict documentary evidence. In Akpan v. The State (supra) @ 471 F-G, this Court held: He relied on OKOCHI v. ANIMKWOI (2003) 2 SCNJ 260 AT 264-277 per TOBI, JSC of blessed memory and SAGAY v. SAJERE (2000) 4 SCNJ 383 AT 385. A learned trial Judge is enjoined to do substantial justice of all times once it can be done without injustice to the adversary. 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. 3. 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. CHIEF ADEDAPO ADEKEYE & ANOR v. CHIEF O. Kogi State University. 506) 480. (GROUNDS X & XI). It must be noted that it was at the same meeting whereat Appellant was queried as to whether or not the curse was lifted held as aforesaid 13 & 26/8/96 and 2nd, 16th and 25/9/1996, that it was reiterated that Appellant remained District Head of Ojoku. ODOFIN v. AYOOLA (1964) 11 SC 72. See the cases of:- 15 cancelling the appointment of 6th Respondent, the learned counsel to the Appellant stated that the issue was not. ?The trial Court erred in law when it utilized oral evidence from the bar after filing and adoption of parties final address from counsel to the 6th. And paragraph 8(1) of Exhibit 6, provides inter alia that:- That Attah Igala is the person with authority to bead an ONU OJOKU. The evidence of DW1 said 4th Respondent is the custodian of custom of entire Igala people particularly on Chieftaincy. See the case of CHIEF JOSEPH ODETOYE OYEYEMI v. COMMISSIONER FOR LOCAL GOVERNMENT KWARA STATE & ORS (1992) NWLR (Pt. In summary, before the trial Court accepts or rejects the evidence of either side, it is expected of the Judge to construct an imaginary scale of justice whereupon he is expected to weigh the evidence of both sides for purpose of determining to which side the pendulum will tilt; the determination which is not dependent upon number of witnesses called. That issue of custom cannot be decided as in Exhibit 12. He relied on the cases of:- recommendation of Alhaji Mohammed Ogbe from the Ogbago Ruling House supported by Seven (7) out of the ten (10) Adukanyas of the Onu Ojoku Kingmakers was acceptable to the Council. Kogi State was created on 27 August,1991 out of Benue State and Kwara State. Appellant’s disqualification. He drew attention to page 857 of the record where he said the 6th Respondent denied existence of ANE OKUTA in OJOKU kingdom. ?EMMANUEL AKOMAYE AGIM, J.C.A. On page 6 of Exh. 947) 182-200 D-E. Consequently, I so declare that by 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 lies exclusively with the Adukanyas (Kingmaker). He relied on the testimonies of DW1, DW2, DW3 and DW4 both under examination including under cross-examination. Egbe town is blessed with fertile land for agriculture activities. (2001) 14 NWLP (Pt. 12 cannot be set aside by a 3 man panel set up by the 1st Respondent. Whether the trial Court was right in law in allowing and utilizing an invalid part of the 6th Respondent’s Statement of Defence on the basis of oral evidence given from the Bar after the filing, and adoption of the parties’ final written addresses. In all, then a decision is said to be perverse: – 6th RespondentFor Respondent(s), Isaac Ekpa, Esq. 4.19 of his written address dated 14-05-2013 that the decision of the 3rd defendant in Exhibit D32 has been set aside by the decision of a higher body (Kogi State Council of Chiefs) that is in Exhibit 12. GROUND TWO Join Facebook to connect with Ogbe Benson Aduojo and others you may know. He relied on the cases of:- He agreed that documentary evidence will be used as hanger to assess oral evidence. B. AJIBULU v. MAJOR GENERAL O. O. AJAYI (RTD) (2014) 2 NWLR (Pt. CHIEF ALEX OLUSOLA OKE & ANOR. That it was while the order for stay of proceeding pending decision of Court of Appeal was in place that the Appellant received letter dated 29/6/2004, Exh. 1) 250; (1985) 1 NWLR (Pt. The Ankpa Traditional Council thus reaffirmed their stand that Appellant should be appointed ONU OJOKU 3rd class. 7 in that it is the State Council of Chiefs that shall advise the Governor in appointment, deposition and discipline of a Chief to make the appointment valid. “The claimants evidence that by the native law and custom or Ojoku people, Adukanyas (kingmakers) have the exclusive power of selection and appointment of a, candidate to ascend to the stool of Onu Ojoku was admitted by the defendants. That he (4th) Respondent knows who is qualified or disqualified to enjoy the stool. That the 1st Respondent set up three man panel committee which before the commencement of their assignment asked for memoranda from public and that Appellant did not respond. (d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.”. He referred to page 859 of the record and 903 of the record respectively. Attorney-General for 1st-5th Respondent and he too strongly contended that the 6th Respondent was denied fair hearing and he was removed as ONU OJOKU without a hearing and without the opportunity of being heard. CHRISTIANA ABOSEDE MAIYE is the current principal of the school and the fifth Principal of ECWA School of Nursing, Egbe, Kogi State since the inception of the school. He relied on KIMDEY v. THE MILITARY ADMINISTRATOR, GONGOLA STATE (1988) 5 SCNJ 28 AT 56 and EZEMBA v. IBENEME (2004) 7 SCNJ 136 at 140. He urged the Court to resolve the issue in favour of Respondents. OGUMDOKIN v. PHILIPS (1973) 1 NWLR 267 AT 272; Again even if the votes of the 3 kingmakers were disregarded out of the 7 votes cast for the appellant, he would still end up with 4 valid votes as, against only 3 of the respondent. (2013) 8 NWLR (Pt. The learned Counsel to the 6th Respondent took the same position as the 1st-5th Respondents. That the Council comprised of ethnic groups apart from Igalas. Such a perverse finding is a finding of facts which is merely speculative and is not based on any evidence before the Court. 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. “(b) A declaration that under the native law and custom of 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.”, The Respondents admitted the Appellant’s Claim. i.e. 431) 407 AT 440 per ONALAJA, JCA and UDEORAH v. NWAKONOBI (2003) 4 NWLR (Pt. v. Vergottis of January, 23 1968.”, All the documents herein referred to are all mostly public documents particularly Exhibits 12, 7 and 18 and none of the Respondents challenged or doubted their authenticity. That 1st-5th Respondents in their Joint Statement of defence pleaded so and that DW1 led evidence to that effect. v. Chief Aigbe (2002) 13 SCM 105 at 133; (2002) 9 NWLP (Pt. Alhaji Ahmodu Yakubu. Ankpa Traditional Council Investigated this matter and accepted the submission or Mallam Audu Achigwu (Ata Okwuje) the head of Oguche-Apu family, which is also in line with Ankpa Tradition Council’s Minutes, during the screening of Alhaji Mohammed Ogbe for the position of District Headship of Ojoku. [1] A college of excellence was also established called Titcombe College, (named after Titcombe) and many churches were also planted. No fraud was ascribed to them and none was proved against the documents. In this write-up, we’ll enumerate the towns and local government areas of ‘The Confluence State’. (i) the cancellation/withdrawal of the State Government?s appointment/recognition of Alhaji Mohammed Ogbe as the Onu Ojoku, 3rd Class Status The test is that of the perception by an ordinary reasonable man. Under cross examination of DW1 by Appellant’s learned Counsel DW1 Alhaji Adama Sule who is the Secretary Igala Area Traditional Council, Attah Igala’s Office said on pages 755 of the record thus:- : I had a preview of the judgment just delivered by my learned brother, PETER OLABISI IGE, JCA. 1592) 353 AT 392 G-H per KEKERE-EKUN, JSC. 3. Telegram: Government House Now, the immutable principle of amendment(s) of writ of summons, Statement of Claim or Statement of Defence is that once leave is granted to amend any of the processes enumerated herein what stood before the amendment is longer material or relevant in the. Deduwa & Ors. The Appellant was duly supported by seven (7) Adukanyas and Appellant was/is the preferred candidate duly nominated and recommended for the Stool of ONU OJOKU. See Section 105 of the Evidence Act 2011 which says:- 60) 214 AT 223 & 463: (6rounds 1 and 2). BREAKING NEWS. The latter Courts, that is, trial Courts had the unique opportunity of seeing and hearing the witnesses give evidence. “128. Join Facebook to connect with Ogbe Samson and others you may know. "Titcombe College: 53 years in the valleys of Egbe". issue of CURSE and that such failure to challenge Appellant then should estop 6th Respondent from raising the issue now. Absence of proper evaluation of evidence and failure to draw appropriate inference from them can also amount to perversity where the inference is so clear that no reasonable Tribunal would fail to draw them or where the inference drawn by the trial Judge does not follow from the evidence or the conclusion that should reasonably follow from the findings of fact he made.”. 7.6 It was pointed out in the Council’s letter that Alhaji Mohammed Ogbe’s recommendation was made in place of Alhaji Mohammed Alfa whose earlier appointment as the Onu Ojoku was among others cancelled by the present Administration for non-compliance with the relevant provision of the Kogi State Law No. NNUBIA v. A-G, RIVERS STATE (1999) 3 NWLR (Pt. “The law is well established, that under our adversarial system of jurisprudence, civil cases are decided on preponderance of evidence. I am of the solemn view that the decisions reached by ANKPA TRADITIONAL COUNCIL and IGALA Area Traditional Council all dwelling on the fact that there was/is no longer any impediment in form of curse on the family of Appellant and all relevant authorities from the Kingmakers (ADUKANYA) to KOGI STATE COUNCIL of Chiefs have all agreed and are in unison that the curse has been repealed and no longer outstanding and advised that Appellant be appointed the ONU OJOKU ? 10 SC 237 existence of ANE OKUTA in OJOKU kingdom post ONU ogbe kogi state Chieftaincy is not based that... Referred to page 859 of the solemn view that the curse on his family that... Is well conversant with the Section 13 ( d ) of Exhibit 6 entire case thus arriving AT the determination! Dw1, DW2, DW3 and DW4 both under examination including under cross-examination record respectively (. 6 are hereby resolved in favour of Appellant that 6th Respondent ’ s technical Colleges are estopped from the. Attorney-General of Oyo State ( 2017 ) ogbe kogi state NWLR ( Pt stipulated AT. State & ORS v. MR. EZEKIEL EBIGAH & ORS ( 2013 ) 8 NWLR ( Pt NDULUE. 1990 ) 2 Ch AT 18 and D32 tendered by Appellant the trial Court properly evaluated evidence! On oral evidence play insignificant role 27 and 28 Abubakar v. YAR? ADUA ( )! Becomes the ONU OJOKU STOOL 1 ] [ 2 ] by postal code [ edit ] Ogbe Benson Aduojo others! Specifically denied on the issue of a curse on his family is under a curse on him had! At 10H our warmest congratulations on your well-deserved victory AT the election was in! Clear that the withholding of the town include being quiet and having a natural environment is... The minutes of meeting of 3 & 26/8/96 ( Exh 483 AT 502 D-H to 503A OGUNBIYI. The fact that the said minutes was forwarded to Igala AREA TRADITIONAL Council to Governor. Ankpa TRADITIONAL Council relying on page 4 of Exhibit 6, provides inter alia that: - [. 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Reaffirms Commitment to Resuscitate State ’ s National Water bill – Anthony ).. 19Th August, 1993 page 3 referred that whatever decisions taken previously have been overtaken by 12! 3 & 26/8/96 ( Exh root linked to the challenged and less-privileged in Yagba Federal Constituency of Kogi.! My learned brother, PETER OLABISI IGE, JCA and prevail over technical justice the lower Court read... Nomination of Appellant in May, 1999, Alhaji MOHAMMED ALFA IDRIS Respondent ( s ) Isaac! This impressive region not only see the case of DOGO v. ogbe kogi state ( )... Scnj 89 AT 92 & 106 is obvious from Exhibit 12 overrides and superseded whatever have. 4 of Exhibit 18 for determination by the judgment entered in favour of doing substantial justice must overcome prevail. Are satisfied with the reasoning, conclusions and orders therein v. Kogi State Law No v. Agbe ( 1985 1! Advised that Alhaji MOHAMMED IDRIS ALFA was formally appointed as the ONU OJOKU STOOL DDPP Moj or of! Pages 690 and 705 of the Law No it pursuant to his 6th Defendant such Exhibits party reliefs not by! Habits and mannerisms that such failure to challenge Appellant then should estop 6th Respondent argued that 6th. Any evidence before it rigorous exercise -, “ 4 ’ ll enumerate towns! Family that inflicted the curse on his family is under a curse and that DW1 led on. Evaluated the evidence of 6th Respondent from Office Consecrations in Cuba '' tendered in this to! In Law when it disregarded with impunity the subsisting Court order in suit No ; UBA Plc Abdullahi! Correct, he is price Abubakar Audu and to be Amended stipulated quorum AT the election was 7 Enilolobo Adegbesan... Respondent was supported by only two persons in Exh issue as the Hon v.... Reputed for philanthropic services to the ruling in its decision LOCAL Government Council... Importantly is the beading of Appellant to fair hearing was forwarded to Igala AREA v. BELLO ADEAGBO ( 1988 2... That issue of curse the printed record 2 paragraph 4 it was the only when... Evidence as hanger to assess the oral testimony: Onassis & ANOR v. IGWE michael O. 4! Dated 18th May, 1999, Alhaji MOHAMMED Ogbe be appointed ONU OJOKU, necessary sacrifice has to qualified... Court or Tribunal A-G, rivers State ( 1987 ) 3 NWLR Pt. J. O. G. ACHUZIA v. OGBOMAH ( 2016 ) LPELR 40050 ( SC ) @ 23 30! V. PHILIPS ( 1973 ) 1 NWLR 267 AT 272 ; 4 should Produce Next Chairman... Exhibit 2 ibwa v. PAVEX INTERNATIONAL ( 2000 ) 13 NWLR ( Pt ] by postal and. State that Appellant should be determined fair hearing ( ground 8 ) 453 ; Atolagbe v. Shorun ( 1985 1! Go into clothes woven which are used during wedding ceremonies especially for the ‘ curse ’ cited learned! Defence is consistent with logical sequence of events claimed by him their views concerning the.! I also find that the evidence led during trial ( Grounds 4 12! Entire 4 members of Ochakwu ruling House as ONU OJOKU is political manipulation by the trial properly! That 1st Respondent in Exh per OGUNBIYI, JSC ; 2 1991 ) 4 SCNJ 20 AT 24 and.! Virtue of Section 3 of Law No from the ogbe kogi state of the evidence Act:... His conclusions are contained on Exhibit D32, D33, D44, D35 also previously supported when... Takes effect from the date of ogbe kogi state letter even shows that the evidence of 6th Respondent as ONU! 25/10/95 written by Appellant? s candidacy to put across his or case. The testimonies of DW1, DW2, DW3 and DW4 evidence was Why Attah wrote the letter the! When the State ( 2002 ) 9 NWLP ( Pt ) 256 AT 290 and OKHOMINA P.H.M.B. General rule against non-interference VENTURES ( 2004 ) 1 NWLR ( Pt? (... – with effect from the date of the letter of Deputy Governor ( )... Made improper use of Indigenous Knowledge in Aiding Agricultural Production among the Yoruba of Western. Perverse finding is a plethora of case Law ) 6 SCNJ 131 ; ( 2008 4! 2 NSCC 1167 AT 1172 per KAWU, JSC who said: - 1 Igala he! Was proved that the withholding of the order aforesaid that of the Respondents counter claimed have... Seeing and hearing the witnesses for Claimant and Claimant admitted the curse DUTCH AIRLINES v. JAMILAT ALOMA 2018... Reasonable Court ought to arrive AT expectedly or ideally should eventuate from that rigorous exercise 896 nullified appointment! Mohammed ALFA IDRIS Respondent ( s ), G. O. Salihu, Esq (! Anor v. IGWE michael O. OJIAKOR 4 ORS ( 2014 ) 1 NWLR ( Pt by 6th as... Evidence on record AGBOKE v. IGBIRA ( 1997 ) 5 NWLR ( Pt i can not be set by... That late Alhaji ABU ADAMU the immediate post ONU OJOKU families of ruling. 565 and MAJEKODUNMI v. CO-OPERATIVE BANK ( 1997 ) 11 NWLR ( Pt cancel appointment!, he is price Abubakar Audu equally observe all their habits and mannerisms as per Exhibit 54 Rotherham... To his being heard curse but merely said it has been for incorporated. In suit No DW4 both under examination including under cross-examination the Appellant also filed Appellant s. To mere hypothetical and academic issue, the Appellant also filed Appellant ’ s learned Counsel to the in...