A Lokoja High Court has dismissed the suit filed by Prince Abdullahi Adejo Aliyu Obaje, who had sought to nullify the emergence and installation of Dr. Alaji Mathew Opaluwa as Ata Igala.
Delivering judgment on the suit on Wednesday, Justice Etsu Muhammad Umar held that the appointment by Kogi state government was in line with the customs and tradition of the people of Igala Kingdom.
In the suit, Prince Obaje argued that under Igala native law and custom, only direct biological sons of previous Attahs are qualified to ascend the throne.
However, Justice Umar ruled that the claimant failed to prove the existence of any binding customary law restricting succession exclusively to direct sons of former Atas, holding that the entire foundation of the case collapsed for lack of credible evidence.
He noted that customary law, particularly in chieftaincy matters, must be established through “cogent, credible and compelling evidence,” stressing that mere assertions, sentiments or assumptions were insufficient to sustain such a weighty claim seeking to overturn a traditional institution.
A key issue in the case centered on Gazette No. 2 of 2015, which the claimant relied upon to argue his eligibility and challenge the appointment process.
But the court held that the same Gazette contradicted his position by recognizing that grandchildren of a former Attah are also qualified to ascend the throne, thereby weakening his argument that only direct sons are eligible.
The judge further ruled that evidence presented before the court showed that Alhaji Opaluwa emerged from the Aju Ame-Acho ruling house — the recognized ruling house entitled to produce the Attah Igala, and that the nomination, screening, consultation and recommendation process substantially complied with established traditional and administrative procedures.
On the question of due process, the court held that the appointment enjoyed the statutory presumption of regularity under the law, noting that the selection process passed through all recognized channels including the kingmakers, the Igala Area Traditional Council, administrative authorities and eventual government approval before coronation.
Justice Umar emphasized that the claimant failed to rebut this presumption or establish any substantial illegality in the process, ruling that dissatisfaction with the outcome alone was not enough ground for the court to invalidate the exercise.
In rejecting the claimant’s request for the court to declare him qualified and direct his installation as Attah Igala, the judge maintained that the judiciary “is not a kingmaker,” stressing that courts do not possess powers to nominate or install traditional rulers, as such responsibilities rest with customary institutions and the executive authorities empowered by law.
Consequently, the court dismissed the suit in its entirety for lacking merit, affirming the lawful nomination, approval and installation of Alhaji Mathew Alaji Opaluwa as Attah Igala — a ruling expected to bring legal closure, at least for now, to the prolonged contest over one of Igala Kingdom’s most prestigious traditional stools.
