Afada Ehoche V. Abu Ijegwa (2002)

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OBADINA, J.C.A

This is an appeal against the ruling of the High Court of Benue State, sitting at Otukpo, delivered on the 21st of September, 2001. The respondent was the plaintiff, while the appellant was the defendant at the lower court.

Both the appellant and the respondent belong to Auke Clan of Ochekwu District in Apa Local Government Area of Benue State. Both of them contested for a minor chieftaincy title, called, “Amana-Abo” of Auke Clan, in Apa Local Government Area of Benue State. The respondent then dragged the appellant before the Apa Traditional Council of the Apa Local Government, in January, 1999 to decide which of them was entitled to the stool of the “Amana-Abo” of Auke Clan. The parties gave evidence and called their respective witnesses before the Traditional Council. After the parties and their witnesses gave evidence, the Apa Traditional Council decided the dispute in favour of the appellant. See exhibit “A” at pages 21-40 of the record of appeal.

Apparently, dissatisfied with the decision of the Apa Traditional Council, the respondent instituted this action at the court below, against the appellant claiming the following reliefs:-

“(a) A declaration that by the custom and tradition of Auke people, the plaintiff who hails from Ai-Olonta lineage in Ai-Omoka sub Clan/kindred of Auke Clan in Ochekwu District of Apa Local Government Council, is the rightful and legitimate “Amana-Abo” of Auke Clan, the current turn being that of his lineage in accordance with the seniority of lineages in accession to traditional offices amongst the sub-Clans/kindred in Auke Clan.

(b) A declaration that by the custom and tradition of the people relating to accession to traditional offices in Auke Clan of Ochekwu District of Apa Local Government Council, the 1st defendant is not eligible for consideration or qualified for appointment or contest or hold the office of the “Amana-Abo” of Auke Clan, the current turn not being that of his lineage within Ai-Omoka sub Clan/kindred of Auke Clan.

(c) A declaration that the resolution of the 2nd defendant making the 1st defendant eligible to hold the office of the “Amana-Abo” of Auke Clan in the present turn constitutes a gross violation of the custom and tradition of the people and thus null and void and of no consequence whatsoever.

(d) An order of perpetual injunction restraining the 1st defendant from parading himself or conducting himself in any manner howsoever as the “Amana-Abo” of Auke Clan in Ochekwu District of Apa Local Government Council or performing any of the functions and duties of the said office of “Amana-Abo” of Auke Clan.

(e) An order of perpetual injunction restraining the 2nd defendant from recognising or causing to be recognized the 1st defendant as the “Amana-Abo” of Auke Clan in Ochekwu District of Apa Local Government Council.”

Pleadings were filed and exchanged by the parties. After the exchange of pleadings, the appellant, as defendant, filed a motion on notice dated 23rd of May, 2001 praying the court to strike out the case on the ground that the issue of “Amana-Abo” of Auke Clan had already been decided by Apa Traditional Council, and that the respondent, as plaintiff, was estopped from raising the issue again.

The application was heard by the learned trial Judge who in his reserved ruling dismissed the application on the 21st of September, 200l.

Dissatisfied with the trial court decision contained in the said ruling of 21st of September, 2001, the appellant has appealed to this court on two (2) grounds of appeal. From the two (2) grounds of appeal, the appellant formulated two (2) issues for the determination of the court, namely:-

“(1) Was the learned trial Judge right to have held in his ruling that the decision of the Apa Traditional Council as per exhibit “A” was neither published to the parties nor was it accepted by the parties?

(2) Whether the learned trial Judge was bound to give effect to exhibit “A” as binding the parties in view of the Supreme Court decision (Per Nnaemeka-Agu, J.S.C.) in Igwego and others v. Ezeugo and others (1992) 6 NWLR (Pt. 249) 561; (1992) 7 SCNJ (Pt. 11) page 284 at 297-298.”