Alhaji Isah T. Sokwo V. Joseph Daku Kpongbo & Ors (2002)

LawGlobal-Hub Lead Judgment Report

ODUYEMI, J.C.A.

By leave of the High Court of Kogi State, the plaintiff for himself and on behalf of Akuba and Edegeshi ruling houses caused to be issued against the 1st, 2nd, 3rd and 4th defendants on 22nd December, 1998, a writ of summons with the particulars of claim endorsed.

Subsequently, with leave of the court, the plaintiff filed an amended statement of claim wherein he claimed in paragraph 29 the following reliefs:

“a. A declaration that the appointment of the 1st defendant by the 2nd to 4th defendants as the Aguma of Bassa Kwomo land is unlawful, unconstitutional, null and void and of no effect, the 1st defendant not being from any of two ruling clans/houses entitled to the stool nor was he adopted by the Akuba clan, who it is its turn to produce the Aguma after the death of Aguma Joseph D. Alagani (i.e. the immediate past Aguma of Bassa) and more so that the appointment patently violated the provisions of law No.7, 1992 of Kogi State on appointment and deposition of Chiefs.

b. A declaration that only the Akuba and Edegeshi clans/ruling houses are entitled by rotation to the stool of Aguma of Bassa Kwomo in Bassa LGC.

c. A declaration that by the custom and tradition of the Akuba and Edegeshi clans, it is Akuba clan/ruling house that should produce the present Aguma following the demise of late Joseph D. Alagani who was adopted as Edegeshi candidate even though he was/is not from Edegeshi clan.

d. A declaration that the plaintiff is the one entitled to be appointed as the Aguma of Bassa having come from Akuba clan and duly nominated by the elders of the ruling house in line with custom of Bassa Kwomo.

e. A declaration that the plaintiff is entitled to be appointed as the Aguma of Bassa Kwomo and that the 2nd – 4th defendants recommend, appoint and recognise the plaintiff as such.

f. A declaration that the 2nd and 3rd defendants’ failure without just cause to consider the plaintiff’s application for the stool of Aguma and recommend him forappointment is unreasonable, illegal, unconstitutional and against the rule of natural justice.

g. A perpetual injunction to restrain the 1st defendant from parading himself or holding himself out as the Aguma of Bassa Kwomo or from performing the function of Aguma of Bassa and the 2nd to 4th defendants from recognising him or treating him as such.”

1st defendant filed a statement of defence while 2nd, 3rd and 4th defendants filed a joint statement of defence all denying the claims of plaintiff.

Plaintiff subsequently filed a reply to the defence of 1st respondent as well as another reply to the 2nd – 4th respondents. The matter went to trial.

At the end of the trial, the trial court found in favour of the plaintiff part of his claim in relief (a) to the extent that the appointment of the 1st defendant by the 2nd – 4th defendants as the Aguma of Bassa Kwomo land is unlawful, unconstitutional, null and void and of no effect and that the appointment patently violated the provisions of section 3(2) of Law No.7 of 1992 of Kogi State on appointment and deposition of Chiefs.

The court also granted the relief (g) sought by the plaintiff by making an order of perpetual injunction to restrain the 1st defendant from parading himself or holding himself out as the Aguma of Bassa Kwomo or from performing the function of Aguma of Bass a Kwomo and the 2nd to 4th defendants from recognising him or treating him as such.