HRH Alhaji Shehu Tijani Usman & Ors V. Chief S. Okaraga Lawal & Ors (2009)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI, J.C.A.

The Appellants were dissatisfied with the ruling/decision of the High Court of Kogi State; Obangede dated 30th April, 2008. The dissatisfaction was evinced in the Notice of Appeal dated 30th April, 2008 and filed after leave of the trial court was granted on 8th May, 2008. In the appeal the Applicants are seeking the intervention of this court in which their Fundamental Human Rights to fair hearing will be impeached if the refusal and/or failure of the trial court to join them in the case in which their vested right in the status/stool of the Paramount Ruler of the Ihima district in contest is allowed to stand.

The claims of the Claimant/Respondents herein are clear on the Statement of Claim which can be found on pages 1-9. The Claimants/Respondents represent one out of the six clans that are entitled to the stool of the Paramount ruler of Ihima District, yet it was claimed in paragraph 46 of the Statement of Claim as follows:-

“46. WHEREOF the Plaintiffs claim as follows:-

I. A declaration that the custom and tradition of Ihima group of villages, the Obobanyi of Ihima is the paramount ruler of Ihima District.

II. A Declaration that the purported re-designation/changing of the title of the 1st Plaintiff from Obobanyi of Ihima to Obobanyi of Emani by the defendants through a letter dated the 12th day of June, 2006 with reference Number DGO/LGCA/CHI/P/23/S together with the Kogi State Chiefs (appointment and deposition) Law 2006 is capricious, arbitrary, unconstitutional, null, void and of no effect whatsoever.

III. An Order setting aside/nullifying the letter together with item 34 in schedule II of the Kogi state chiefs Law which purported to change and or re-designate the 1st Plaintiff’s title from Obobanyi of Ihima to Obobanyi of Emani.

IV. An Order of perpetual Injunction restraining the defendants either by themselves, their servants, agents, privies or otherwise howsoever from interfering and or in any way tampering with the title of the 1st Plaintiff”.

FACTS:

The Kogi State Government in response to the yearnings of the people for the enhancement of the representation especially of the Kogi Central District to be at par with other Senatorial Districts in the State Council of Chiefs promulgated into law the Chiefs (Appointment, Deposition and Establishment of Traditional Councils in Kogi State) Law (hereinafter referred to as “The chiefs Law”). Also, as an important subsidiary/adjunct to that law, the State Government also promulgated vide Section 7 of the former the Creation/Establishment and Procedure for the Accession of the stool of Ohi Ebiraland Order 2008 (hereinafter simply referred to as: Order 2006″).

In the Order, the Paramount Ruler in the five Traditional Districts in Ebiraland were made First Class Chiefs and they are to be addressed as Ohi of their respective Districts which Districts are:- ADAVI, EGANYI, EIKA, IHIMA AND OKENGWE/OKENE.

By Section 5 of the Order, the stool of Ohi is to rotate among the constituent native Clans in each of the 5 Traditional districts. The Emani Clan to which the Claimants/Respondents belong is one of the six (6) Clans in Ihima District, while the Appellants belong to some of the other clans in the said Ihima district.

In the process of the promulgation of both the principal law and the subsidiary Order the stakeholders, including the Claimants/Respondents were consulted and it was decided by the Kogi State House of Assembly, 3rd Defendant/Respondent herein that the title of the 1st Claimant/Respondent be re-designated as Obobanyi of Emani while the title of Paramount ruler of Ihima district, be the Ohi of Ihima.

To demonstrate the consent and/or agreement of the 1st claimant/Respondent, he suggested the name of one of his biological sons, Mallam Siyaka Ojo (Abdulfatai Lawal), to be considered as one of the First set of Ohi, his Emani Clan having been given the concession.