ISAH ONUH (MADAKI OF AJIDO ABOKO-OCHE NICKNAMED AJIOLO OFALEMU) EJEH ADEJOH SHAIBU ADEJOH GABRIEL OKOLO OMEJI OPALUWA ALABI ABALAKA (SUING FOR AND ON BEHALF OF THEMSELVES AND MEMBERS OF ABOKO AND OCHE RULING HOUSES) V. IBRAHIM IDU ALIWO FARUNA ILANI OBAJE DEKINA LOCAL GOVERNMENT THE GOVERNOR OF KOGI STATE ATTORNEY-GENERAL OF KOGI STATE

BULKACHUWA, JCA (Delivering the Lead Judgment): This case was first initiated before the High Court of Justice Dekina, Kogi State as a representative action by way of originating summons. The case was heard and determined entirely on the affidavit evidence without calling on the oral testimonies of the parties.

The case then came on appeal to this court on appeal No. CA/A/159/ 94 and was heard and determined on the 30th June, 1997. This court allowed the appeal, set aside the judgment of the trial court, sent the case back to the trial court and ordered a fresh trial de novo by way of pleadings before another Judge.

The case was then started de novo with both parties filing their pleadings. The plaintiffs/appellants in their statement of claim were seeking the following reliefs against the defendants/respondents; A declaration that the purported nominations, appointment and/ or recognition of the 1st and 2nd defendants as Madaki (Idaka) Ajiyolo and Madaki (Okoyi) Ajiyolo respectiv…