Abdullahi Ogwu Omaye & Anor V. Usman Omagu & Ors. (2007)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

This is an appeal against the judgment of the High Court of Kogi State sitting in Anyigba in Suit No. AYHC/3/99 delivered on the 29th of January 2001. In an action commenced by way of writ of summons on the 11th day of January 1999, the plaintiffs now Respondents before this court in a representative capacity claimed against the defendants now appellants the following reliefs:-

(a) A declaration that the purported appointment of the 1st defendant as the Onu Inats of Ikpoba by the 2nd defendant is contrary to the native law and custom, norms and traditions with respect

to the stool of Onu Ikpoba and same is null and void and of no effect.

(b) A declaration that the 1st plaintiff being a male member of Ada Edibo Ruling House of Onu Inata of Ikpoba

(c) An order directing the 2nd defendant to bead the 1st plaintiff as the duly appointed Onu Inata of Ikpoba In accordance with the custom and traditions

(d) An order of perpetual injunction restraining the 1st defendant from parading himself as the acting Onu Inata of Ikpoba and the 2nd defendant from recognizing the 1st defendant as same

The facts of the case stated briefly are that the plaintiffs now respondents in this appeal filed this action in a representative capacity on behalf of Ada Edibo or Eneojo Ruling Family, Imadi Ruling or Akele Family and Ocheja Ruling Family of the Onu Inata of Ikpoba Chieftaincy in the Omala local Government Council of Kogi State.

The 1st Respondent Mallam Usman Omagu who is from a male line of Ada-Edibo Ruling Family who according to the plaintiffs/Respondents is the family to produce the Onu-Inata was selected by the elders of the three Ruling Families. They constituted the kingmakers for the purpose of selection and nomination of whoever would become the Onu Inata of Ikpoba.

The former Onu Inata Omaye Oruma died in 1993. 1st defendant/appellant acted as the Onu Inata since that date. The elders of the three families as kingmakers nominated the 1st Respondent as the Onu-Inata elect. The kingmakers declined to recommend the 1st appellant because he failed to establish that he belongs to any of the three Ruling houses from the male line. He claimed that he IS from the Atama-Akele House which is not recognized as a Ruling House for the purpose of producing an Onu-Inata Ikpoba. The Respondents claimed that the stool of Onu Inata rotates among the three Ruling Families of Inata and it is the turn of Ada-Edibo Ruling House to produce a candidate. The 1st appellant having acted as Onu Inata since the demise of the last one in 1993, is by native law and custom precluded from contesting for nomination and or selection as the Onu Inata. As a matter of fact the Respondents held that the 1st appellant was never a contestant for the stool of Onu Inata and that he never gave evidence that he contested for the stool either before the Kingmakers or the Omala Traditional Council. The 1st Respondent Mallam Usman Omagwu requested to be beaded as the Onu of Inata by the 2nd defendant/appellant the Attah of Igala to which the 1st appellant protested. The 2nd Appellant His Royal Majesty the Attah of Igala directed the Omala Traditional council headed by the Onu He to investigate the vacant stool of Onu Inata. Vide Exh.p1

The Omala Traditional Council invited all parties interested in the stool, the contestants and kingmakers in the conduct of the investigation. At the end of the Inquiry it found in favour of the 1st Respondent and issued Exh D2. The 1st appellant protested that the Onu Ife, Chairman of the Omala Traditional Council did not allow him to give evidence during the Inquiry. The 1st appellant protested to the Igala Area Traditional Council headed by the Attah of Igala on the conduct of the investigation by Omala Traditional Council (Vide page 138 lines 20-23 of the Record). The 2nd Appellants thereupon set up a five-man panel, which took evidence from all contestant and their witnesses. The panel made its findings and recommended that the appellant be appointed as the Onu Inata Ikpoba. (Vide Exh D3 on pages 76- 88 of the Records.) The 2nd appellant received the recommendation and by a letter dated the 31/7/98 Exh D2 appointed the 1st appellant as the Onu Inata. The Respondent being aggrieved by the decision of the 2nd Appellant the Attah of Igala filed this action before the High Court of Kogi State: In the course of trial parties exchanged and amended their pleadings. The plaintiffs/Respondents called six witnesses PW1-PW6 and tendered four documents as p1-p4, while the appellants tendered four exhibits as Exh D1-D4 (Vide pages 66-92 of the Record of Proceedings).

After the address of counsel the appellants filed a motion to amend their statement of defence to plead a legal defence that is the Public Officers protection law as applicable to the 2nd Appellant. In effect that the case of Respondents was statute barred. The lower court refused to entertain the application. Vide pages 188-197 of the Record.

In the considered judgment delivered on the 29/1/01, the trial court granted all the reliefs sought by the plaintiffs/Respondents in their amended statement of claim.

Being aggrieved by the decision of the lower court – the appellants appealed to this court. Fourteen grounds of appeal were filed altogether. At the hearing of the appeal of this appeal the appellants distilled eleven issues for determination in their joint brief filed on 31/3/06. The issues are as follows:-