Abu Adama & Ors. V. Ibrahim Anaja & Ors. (2003)

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ZAINAB ADAMU BULKACHUWA, J.C.A.

This is an appeal against the decision of Modupin, J., of the Koton Karfe High Court, in suit No. ID/10/83, delivered on the 7/10/96. In the notice and grounds of appeal filed on the 18/12/96 at the Koton Karfe High Court Registry. The parties to the appeal were:

1. Alhaji Adama Abawa
2. Jibrin Mohammed … Appellants
3. Umoru A. Mohammed

AND

1. Ibrahim Anaja
2. Kadiri Oholiko
3. Bassa Traditional Council
4. Bassa Local Government … Respondents
5. Alhaji Aliyu Obaje (Attah Igala)
6. Attorney General, Kogi State

Before the hearing of this appeal, the 2nd appellant Jibrin Mohammed died on the 2nd of December, 1998, and the 1st appellant died on the 18th of July, 1999 and by an application on 21/10/99, which was heard and granted by this court on 24/04/2001, the 1st appellant was substituted by his son Dr. Abu Adama and the 2nd appellant by his son Isa Jibrin in the appeal.

Similarly, by an application filed on the 15/01/01 and heard on the 24/04/01, this court struck out the name of the 2nd respondent Kadiri Oholiko, who died on the 2nd of December, 2000.

The parties in this appeal now are therefore Dr. Abu Adama, Isa Jibrin and Umoru A. Mohammed as appellants on the one side and Ibrahim Anaja, Bassa Traditional Council, Bassa Local Governent, Alhaji Aliyu Obaje (Attah Igala) and the Attorney General of Kogi State as respondents on the other hand.

The 1st respondent filed an application before this court on the 10/02/99 for extension of time within which to cross-appeal against the decision of the trial court, he however, on the 25/04/01, withdrew the said application and it was struck out.

In a writ of summons filed on the 25/04/83, at the Idah High Court, in the then Benue State, Alhaji Adama Abawa as plaintiff claimed against Sule Ogacheko, President Bassa Traditional Council and the Attorney-General of Benue State as defendants the following reliefs:

(a) a declaration that the Ikaka ruling house is one of the ruling houses to the stool of Anaja Gbobe;

(b) that whatever decision was reached by the traditional councilor, Benue State Government, which did not take into account, the evidence or deposition of the incumbent Attah Igala is unjust and null and void;

(c) that the plaintiff now has the turn to be Anaja Gbobe, if reason and good judgment prevailed;

(d) that the purported appointment of Sule Ogacheko and the mode it was done is improper and designed to terminate the plaintiffs rights, candidature and obligations to his family;

(e) an injunction restraining the 1st defendant from parading himself as the Anaja Gbobe;

(f) an injunction restraining the 2nd and 3rd defendants and their agents from recognizing 1st defendant as Anaja Gbobe.