Onehi Okobia V. Mamodu Ajanya & Anor (1998)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C. 

This is an appeal from the judgment of the Court of Appeal, Jos Division. The appeal concerns a dispute over the appointment of the first respondent, Mamodu Ajanya, as the clan/village head of Enabo. Soon after the appointment the appellant, as plaintiff, at the Ankpa High Court, now in Kogi State, took out a writ and claimed for the following reliefs:

“(a) A declaration that the appointment (Recommendation and approval) by the 3rd and 2nd defendants, of the 1st defendant as the Clan or Village Head (Onu-Enjema) of Enabo is null and void as the’ said 1st defendant was not selected in accordance with the Native Law and Custom relating to the appointment of the Clan Head of Enabo.

(b) A declaration that the 2nd and 3rd defendants acted without jurisdiction when they purported to determine without evidence or sufficient evidence or without complying with Step IV of the guideline that the 1st defendant was the Clan Head of Enabo.

(c) A declaration that it is the plaintiff’s family in the Ibele Sub-Clan whose legitimate turn it is to produce the next Clan Head of Enabo, in accordance with the Native Law and Custom of the Enabo people.

(d) An order of injunction to restrain the 1st defendant from posing or acting in any manner as the Clan Head of Enabo”.

Pleadings were filed and exchanged between the parties. The trial opened with witnesses on both sides giving evidence. At the conclusion of the trial the learned trial judge declared;

“1. That the 1st defendant was not selected in accordance with the native law and custom relating to the appointment of the Onu Ejeha of Enabo; accordingly, his appointment, recommendation and approval by the 2nd and 3rd defendants are null and void and of no effect and,

2. It is the legitimate turn of the plaintiffs family, the Ibele sub-clan of Ejeha (ljaha) Clan of Enabo to produce the Onu Ejeha to succeed Ameh Amana.

The 1st defendant is hereby restrained from posing or acting in any manner as the Onu Ejeha (clan head) of Ejeha clan of Enabo”.

Dissatisfied with the decision, Mamodu Ajanya and Ankpa Traditional Council, as 1st and 2nd appellants respectively, filed an appeal to the Court of Appeal, Jos Division. The Court of Appeal in a unanimous well considered decision allowed the appeal and set aside the judgment of the trial High Court and declared the 1st respondent duly elected as the Onu Ejeha of Enabo. It is against that judgment that the appellant, Onohi Okobi, appealed to this court on six grounds of appeal.

The issues raised for the determination of this appeal from the grounds of appeal in the three briefs filed by the respective counsel for the appellant, the 1st respondent and the 2nd respondent are basically similar. I need not reproduce all the issues in this judgment. I can identify however, the following questions to be relevant for the determination of this appeal:

“1. Whether the appellant can, for the first time before this court challenge the competence of the 3rd and 4th additional grounds of appeal of the 1st respondent as well as the entire appeal of the 2nd respondent before the lower court having not raised the issue thereat.

2. Whether the Court of Appeal was right in setting aside the High Court’s decision nullifying Exhibit G when there was no appeal against the decision.
3. Whether the Court of Appeal was right in setting aside the ruling of the High Court in respect of Exhibit M.
4. Whether the Court of Appeal was right in upholding the election of the 1st respondent in accordance with the law and custom of Enabo people”.

In considering the first issue I will reproduce the first and second grounds of appeal filed by the appellant for the prosecution of their appeal. The grounds read:

“(1). The Court of Appeal lacked the jurisdiction to entertain and determine the 3rd and 4th grounds of appeal in the first defendant! respondent’s additional grounds of appeal for they were incompetent having being couched as “errors in law” instead of “mixed law and facts”.