Kogi Government Appeals Court Ruling on Removal of Ohinoyi of Ebiraland

 

The Kogi State Government has filed an appeal with the Abuja Division of the Court of Appeal following the removal of the Ohinoyi of Ebiraland, Alhaji Tijani Ahmed-Anaje, by a State High Court.

The State’s Attorney General, Barrister Muiz Abdullahi, SAN, who is the second claimant in the appeal, confirmed the development to journalists in Lokoja on Tuesday evening.

This appeal follows a ruling by Justice Umar Salisu of the Kogi State High Court in Lokoja, issued on Monday, which declared the appointment of Alhaji Ahmed-Anaje as the Ohinoyi of Ebiraland by former Governor Yahaya Bello to be unlawful. The case was filed by Daudu Adeku-Ojiah, Hussain Yusuf, and Abdulrahaam Suberu, who challenged the legitimacy of Ahmed-Anaje’s appointment.

The plaintiffs, represented by Mr. Lawal Rabana (SAN), sued Governor Ahmed Ododo, the Attorney General, and Alhaji Ahmed-Anaje. The plaintiffs argued that the appointment violated the Procedure of Ascension to the Throne of Ohinoyi of Ebiraland under Edict No 3 of 1997, which governs the appointment of the Ohinoyi.

In their appeal, Governor Ododo and the Attorney General, now the appellants, have challenged the lower court’s decision to oust the traditional ruler. The state government has urged the appellate court to overturn the trial court’s ruling and dismiss the plaintiffs’ suit, arguing that the decision was flawed and lacked merit.

In their five grounds of appeal, the appellants argued that the trial judge erred in law by relying too heavily on Exhibit P.O 4, annexed to an “Affidavit of Facts in Response to the 1st, 2nd, and 3rd Defendants’ Notice of Preliminary Objection.” They further claimed that the judge’s reliance on an interlocutory decision from a 2006 case (HCO/12c/2006) was a grave error, as the ruling was not final and did not relate to the current case.

The appellants also contended that the trial court had no jurisdiction to hear the case and that the court’s decision contradicted the weight of the evidence presented during the trial.

In their plea, the appellants have requested that the Court of Appeal allow their appeal, set aside the trial court’s decision, and dismiss the plaintiffs’ case for being without merit.