Momoh Wokili Ndasuko & Ors V. Adamu Mohammed & Ors (2007)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This is an appeal against the decision of Hon. Justice M.A. Medupin of the Kogi State High Court sitting at Koton-Karfe delivered on 20/10/95 in which Judgment was entered for the Plaintiffs.

The- Plaintiffs claim before the lower Court reads:

“Whereof the Plaintiffs claim against the Defendants jointly and severally:

i. A declaration that the first Plaintiff is the rightful person to occupy the vacant title of Ogaza- Ogbani having been selected by the quarters having the right or turn to occupy the vacant Stool.

ii. A declaration that the installation of the Defendants as the Ogaza-Ogbani of Koton-Karfe as carried out by the 2rd and 3rd Defendants is null and void as it was not proceeded by the due selection by any quarters.

iii. An order of perpetual injunction restraining the 1st Defendant from forwarding himself as the Ogaza-Ogbani of Koton-Karfe.

iv. An order of perpetual injunction restraining the 2nd and 3rd Defendants from dealing with or recognizing the 1st Defendant as the Ogaza-Ogbani of Koton-Karfe.”

The facts of the case presented at the trial Court are briefly stated as follows. The Plaintiffs instituted the action against the Defendants jointly and severally contending that the 1st Plaintiff was the selected candidate for the Stool of Ogaza-Ogbani and that he was duly presented to the 2nd Defendant en-route the 3rd Defendant but instead the 2nd Defendant via the 3rd Defendant appointed the 1st Defendant as the Ogaza-Ogbani. The Plaintiffs at the trial court contended the stool of Ogaza Ogbani is for the free born of Koton-Karfe and that since the 1st Defendant is not a free born of Koton-Karfe, his appointment to the stool was null and void.

The Defendants-on their part contended that upon the demise of the last Ogaza-Ogbani the 2nd Defendant via the 3rds Defendant called for the filling of the post vide the family/clan head of Kpokpozi – late Mohammed Dangara to nominate a person to fill the post.

The 1st Defendant was selected by the said Ohogabi Quarters and taken by the said Dangana to the 2nd Defendant en-route the 3rd Defendant.

They contended that the 1st Defendant is a free born of Koton-Karfe, whose parents have a close affinity with the 3rd Defendant the Madaki of Koton-Karfe who is next to Ohimege Iguh of Koton-Karfe, the 2nd Defendant.

The Defendants contended that the 1st Defendant is not a stranger, and that he holds the title of Otamabo a Superior and respected title and can even deputize for the Ogaza-Ogbani and that the title is not given to strangers. The Defendants also named other titles held by the ancestors of the 1st Defendant.

During the trial upon an application by Counsel for the Defendants the names of the 2nd and 3rd Plaintiffs were struck out as they had no locus standi in the matter. The 3rd Plaintiff after he has been struck out of the case gave evidence as PW2.