The Court of Appeal, Abuja has declared Abdullahi Adejoh Amanabo as the right person for the stool of Onu Ejule in Ofu local government area of Kogi state.
By the declaration, the court set aside a judgment delivered by the Kogi State High Court on June 8, 2020, regarding the matter.
The court found merit in the appeal filed by Amanabo through his counsel, Usman O. Sule (SAN), over the disputed stool, and held that the appellant had credible evidence to his link to the throne of Onu Ejule.
The lower court had dismissed Amanabo’s defence of his appointment in the suit filed by Aminu Usman challenging his installation as the Onu Ejule.
The appellate court, while delivering judgment in the appeal marked CA/A/907/2020, dismissed Usman’s claim that he is the right person for the stool, holding that he failed to establish his link to the throne of Onu Ejule.
The three-man panel of justices in their unanimous decision held that the lower court erred when it entered judgment in favour of the first respondent (Usman), who failed to establish his link to the throne.
The lead judgment was delivered by Justice Abba Bello Mohammed while Justice Peter Chudi Obiorah and Justice Okon Efreti Abang consented to it.
The lower court had dismissed the preliminary objection of the claimant and entered judgment in favour of the first respondent (Usman).
Dissatisfied with the judgment, the claimant, now the appellant (Amanabo) challenged the decision at the appeal court, praying it to determine whether the first respondent was statute barred by virtue of section 2(a) of the Public Officers (Protection) Law, Cap 111, Laws of Northern Nigeria 1963 applicable to Kogi State; whether trial court judgment was against the weight of evidence; whether the first respondent proved its case by preponderance of evidence to warrant judgment in their favour.
