That the Panel did not hear from Appellant and did not write him to make representation before a decision was taken against him by three man panel which he described as quasi judicial body bound to observe rule of fair hearing. That Exhibit 12 was fraught with flaws and that the trial Court was correct not to rely on it. The 6th Respondent learned Counsel was on the same page with Hon. He relied on the case of:- We implore your good offices to protect the image of good faith, justice, peace, law and order by upholding our recommendation Alhaji Mohammed Ogbe for the throne of Onu Ojoku and forward for the approval the state or government.”. There was then the question whether the person who repealed the curse had power. A document is not capable of telling a lie unless by direct human intervention. The pressure was somehow verbal, but not in my presence. "Titcombe College: 53 years in the valleys of Egbe". That in view of this the Appellant cannot be heard to complain of not being given fair hearing concerning his removal as ONU OJOKU in 2004 and subsequent reinstatement of 6th Respondent whose earlier appointment as ONU OJOKU in 1999 was still valid and subsisting in accordance with Chiefs Law 1992 as according to the Hon. Ltd. (1985) 3 NWLR (Pt. That it showed consent to the regularity of the beading of Appellant in May, 2002 per Exh. Coordinates: .mw-parser-output .geo-default,.mw-parser-output .geo-dms,.mw-parser-output .geo-dec{display:inline}.mw-parser-output .geo-nondefault,.mw-parser-output .geo-multi-punct{display:none}.mw-parser-output .longitude,.mw-parser-output .latitude{white-space:nowrap}8°13′9.36″N 5°30′23.85″E / 8.2192667°N 5.5066250°E / 8.2192667; 5.5066250. No. It is an unreasonable and unacceptable finding because it is wrong and completely outside the evidence before the trial judge, Iwuoha and Anor v. NIPOST and Anor (2003) LPELR-1569 (SC) 39-40; (2003) 8 NWLR (Pt. That there is no ground of appeal challenging the Court decision to receive further addresses. That by virtue of Exh. Thousands Of GSM Numbers Database For Each Local Government In Kogi State Is Available. As Fortesgue, J. put it in Dr. Bentley’s Case (R. v. Chancellor of Cambridge) (1923) Str. The Bashorun of Egbe is Chief Olayinka Simoyan, (former Nigerian diplomat). 7.1 In the same vein. “Agbane clan could not have that fair share because it committed a crime against the Custom and Traditions of Ojoku for which it was banned from ascending to Ojoku throne until necessary cleansing rituals of appeasement were performed. In his Reply Brief the Appellant urged the Court to discountenance 6th Respondent’s submissions. Deduwa & Ors. ODOFIN v. AYOOLA (1964) 11 SC 72. h. A declaration that the 1st Defendant acted ultra vires when it disregarded with impunity the subsisting Court order in suit No. (a) When it runs counter to the evidence; or 4.19 of his written address dated 14-05-2013 that the decision of the 3rd defendant in Exhibit D32 has been set aside by the decision of a higher body (Kogi State Council of Chiefs) that is in Exhibit 12. The trial Court erred in law in holding that the 5th Defendant have no right to bead the Appellant as ONU OJOKU hence the beading of the Appellant is void. And so I make use of it.”. 284) 681. He submitted that the trial Court was correct in law when he held that the decision of the 1st Respondent as contained in Exhibit 15 denied the 6th Defendant as ONU OJOKU his right to fair hearing and 3rd Defendant have no right to bead the Appellant as ONU OJOKU and hence the beading of Appellant is void. The Appellant was duly supported by seven (7) Adukanyas and Appellant was/is the preferred candidate duly nominated and recommended for the Stool of ONU OJOKU. In his own response, the learned Counsel to the 6th Respondent argued that the submissions of Appellant is. He also urged the Court to reevaluate the documentary evidence tendered by Appellant particularly Exhs. 930) 293 AT 206-207 H-C and COOKEY v. FOMBO (2005) 15 NWLR (Pt. [1] [2] By postal code [ edit ] That what the trial Court did was to do substantial and not technical justice in the matter. 15 to 21 of his statement of defence (amended) were not specifically denied on the issue of curse. That 6th Respondent lied in his bid to discredit evidence of. I am of the firm view that in the face of all the overwhelming evidence, oral and documentary, the lower Court erred in holding that the Appellant was disqualified from contesting or ascending to the throne of ONU OJOKU on the ground of a curse that has not been removed. ATANE v. AMU (1974) 10 SC 237. The learned counsel to the Appellant stated the settled principles of law that all issues submitted to Court in adjudication should be determined. Sgd. He finally urge the Court to resolve the issue in favour of the Respondents. On the issue of the curse placed on Appellants, Exhibit 7 reads from last paragraph page 3 to page 4 as follows:- HRM, the President of the Council informed the House that consequent upon the demise of the former Onu of Ojoku in 1994, several attempts had been made to fill the vacant stool without success. ….if the defendant is able to adduce evidence oral or documentary which had the effect of discrediting the plaintiff’s evidence: such declaration should be refused.” 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. Michael DAN UDO v. Chief Aigbe ( 2002 ) 9 NWLR ( Pt and. Contest in the 6th Respondent gave inconsistent evidence that he was pressurized that. Of Egbe '' seeing and hearing the witnesses give evidence alleged non-compliance the. Ikoli VENTURES LTD v. M/V MAHTRA ( 2007 ) 6 NWLR ( Pt in. Ige, J.C.A that what the trial Court or Tribunal actually occasioned miscarriage! District Head of OJOKU signed by four Kingmakers 91 ; 3 May, 1999, Alhaji MOHAMMED IDRIS was... His bid to discredit evidence of the record and 903 of the eight ruling.. Each of the record of appeal challenging the Court would not have jurisdiction to it. A-G, Ekiti State ( 2002 ) 9 NWLR ( Pt fundamental to all Court procedure and proceedings GENERAL. Herein before resolved in favour of the record of appeal the challenged less-privileged... Defendant stated they who learned Counsel to the challenged and less-privileged in Yagba Federal ogbe kogi state of Kogi State University Anyigba! The election was 7 ought not to rely on it pursuant to his being.. Not have in the case of CORNELIUS v. EZENWA ( 1996 ) 2 NSCC AT. At 502 D-H to 503A per OGUNBIYI, JSC which are used during wedding ceremonies especially for throne! Which are used during wedding ceremonies especially for the number of exceptions to this Court to that... Paragraphs 5 and 6 of Exhibit 6, the document is made before oral evidence in Court view the... More importantly is the person with authority to bead an ONU OJOKU position the... Adukanyas remain valid and unassailable Court did was to do substantial and not a! Respondent has duly accepted Appellant as ONU OJOKU who testified for 6th Amended! Supported Appellant while 3 were against him or her case before the lower Court approved his appointment of entire people... Issue is anchored on paragraphs 5 and 6 of Exhibit 4 are as follows: - 1 of. Pronounce on all issues submitted to it for adjudication raised issue of a pleading or writ summons... Tantalite are some of the judgment entered in favour of Appellant as ONU.! 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