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ALHAJI MOHAMMED OGBE V. KOGI STATE GOVERNMENT & ORS

(2018) JELR 38768 (CA)

Court of Appeal  •  CA/A/96/2014  •  6 Feb 2018  •  Nigeria

Coram
PETER OLABISI IGE JCA; EMMANUEL AKOMAYE AGIM JCA; TANI YUSUF HASSAN JCA;

Appearances
Isaac Ekpa, Esq. - for Appellant For Appellant G. O. Salihu, Esq. Director of Civil Litigation, Moj. Kogi State with him, H. E. Yusufu, DDPP Moj. Koki State and Habibat Umar, Legal Officer - 1st-5th RespondentA. A. Shaibu, Esq. - 6th Respondent For Respondent

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The Appellant at the Court below (HIGH COURT OF JUSTICE, KOGI STATE) claimed against the Respondents jointly and severally in Suit No. AHC/5/2009 the following reliefs:-

a. A declaration that under the Native Law and Custom of Ojoku people and Onu Ojoku stool, the plaintiff is the rightful person entitled to the stool of Onu Ojoku and indeed the subsisting Onu Ojoku having been duly selected and appointed by the relevant kingmakers (Adukanyas) of the ruling houses.

b. A declaration that under the native law and custom of Ojoku people and Onu Ojoku Stool the power of selection and appointment of a candidate to ascend to the stool of Onu Ojoku exclusively lies within the powers of the Traditional kingmakers who are otherwise customarily called the Adukanyas.

c. An order declaring that the approval of appointment of the plaintiff by the Kogi State Government as Onu Ojoku in 2002 is regular and proper and in accordance with the pro…

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