Eje Ofu Chieftaincy Tussle: Why the Court Verdict Favour Akwu Obaje

869
Spread the love

By Samuel Ilani

The chieftaincy title, Eje, was created for all local government councils in Igala land when the region was under Benue State Government during the era of Alhaji Aliyu Obaje, Ata Igala. The Kogi State House of Assembly’s Local Government Chieftaincy Law 1991, as  amended in 2005, empowered each local government council in Kogi state to have its own traditional  council of chiefs headed by a “First Class” Chief  in the  individual local  government.

The Bassa komo, Bassa Nge and  Ebira-Mozum district with its headquarters as Oguma was also recognized.

In all, they all recognise the pre-eminence of their respective premier monarchs who includes the Ata Igala (the Igala/Bassa Kingdom), the  Ohinoyi (Ebira land) and the Obaro Kabba (Okun/Yoruba nation in Kogi State) in certain matters.

Presently, the paramount traditional ruler of Igala/Bassa Kingdom is His Royal Majesty, Idakwo Michael Ameh Oboni II (Aju Ocholi Ruling Dynasty) who emerged as the Ata Igala and Chairman, Kogi State Council of Chiefs in February 2013, after the demise of Ata Aliyu Ocheje Obaje (Aju  Akwu/Itodo Aduga Ruling House) that ruled the Kingdom for 56 years after Ata Ame Oboni. 

The Eje is therefore the head of every local government traditional council in Igala land. 

There has been a chieftaincy tussle in Ofu local government council between Chief James Abalaka, the current Eje of Ofu, and Chief Akwu Obaje, the Ogohi Ejule.

On August 3, 2018, The Punch Newspaper published a News Agency of Nigeria story that, “A Kogi High Court sitting in Anyigba has granted an interim injunction restraining the newly appointed Ejeh of Ofu, Ofu Local Government Area, Kogi, Chief James Abalaka, from parading himself as occupant of the seat.”

Justice Rukayat Ayoola who granted the injunction in an Enrollment Order issued in Anyigba, said the restriction pended the outcome of the substantive suit No: AYHC/108 /2018 filed by the Ogohi Ejule, Alhaji Akwu Obaje.

The suit has as defendants/respondents James Abalaka; HRM Michael Ameh Oboni, the Attah Igala and chairman, Igala Area Traditional Council; Ministry of Local Government and Chieftaincy Affairs and Kogi State Government.

Ayoola, ruling on the motion exparte filed on July 19, granted an injunction restraining the second to fourth defendants/respondents from appointing/recognising the 1st defendant as the Ejeh of Ofu, pending the determination of the Motion on Notice.

The judge also granted an interim injunction restraining the first defendant/respondent from parading himself as the Ejeh of Ofu, pending the determination of the Motion on Notice.

In his 21-point Statement of Claim, Obaje stated that the Eje stool was enjoyed by four ruling houses of the Attah Igala ruling dynasty including Akogwu, Ameh-Achor, Itodo- Aduga and Aju-Ocholi houses in order of seniority.  He said after the demise of the former Ejeh, Chief Peter Opaluwa, it was now the turn of Itodo-Aduga house which he, Akwu, represented as the right heir. 

He said the 1st defendant, based on the recommendation of the state government through the Ministry in a letter No. MLGCA/CHI/5/44/1/225 of April 10, 2017 constituted a screening panel to select the right candidate for the position. He said the members of the panel were taken aback by the news of his appointment as the new substantive Ejeh Ofu. They held that the appointment was in total disregard of the provisions of Sections 3 and 4 of Kogi State Chieftaincy Law No. 23 of 2006, adding, “We cannot pretend to be unaware in the face of obvious disrespect and abuse like this.”

Chief Abalaka, who had been the Onu of Ugwolawo District, was among the traditional rulers appointed by Kogi governor, Alhaji Yahaya Bello. Others appointed along with Abalaka included the Ejeh Olamaboro, Chief Simeon Ujah; Ohi of Adavi, Chief Ireyi Bello a first class status and the Adogu of Eganyi, Chief Muhammed Adambe a second class status.

The intrigues surrounding the tussle is that Chief Akwu Obaje applied to Ofu Local Government Traditional Council, headed by Chief James Abalaka, to be appointed as Eje Ofu.

Chief Abalaka constituted a committee on appointment of Eje of Ofu, the committee submitted their recommendation to Chief Abalaka, nominating Chief Akwu Obaje. Chief Abalaka then took the recommendation to the Ata Igala, the head of Igala Area Traditional Council, who supposed to forward the recommendation to Kogi State Government via the Ministry for Local Government and Chieftaincy Affairs for the appointment to be made accordingly.

However, the Ata Igala recommended Chief James Abalaka to the state government through the Ministry for Local Government and Chieftaincy Affairs to be appointed as Eje of Ofu instead of the name of Chief Akwu Obaje, who was recommended by the committee comprising the four Ata Ruling Houses set up by Chief James Abalaka, on an argument that it is an existing Onu that should become Eje automatically. 

There was also an argument that Chief Akwu Obaje would have applied to the Ata Igala directly, instead of applying through Ofu Traditional Council.   Chief Abalaka did not apply for the Eje Ofu position and therefore had no copy of letter of his application to tender in court.  

There was no evidence that Chief James Abalaka was ever nominated by his ruling house or supported by other ruling houses. When Chief Abalaka was appointed, Chief Akwu Obaje protested to the Ministry for Local Government and Chieftaincy Affairs whose statutory duty it is to investigate the matter. However, the ministry failed to investigate, and the court described this as, “a dereliction of duty which was upon them to carry out.”

Eventually, the court ruled that Akwu Obaje is the proper person to be appointed Eje of Ofu Local Government Area having been nominated and recommended by the four ruling houses.

The court also ruled that Chief James Abalaka, who even endorsed the nomination of Chief Akwu Obaje, was never nominated by the committee of the four ruling houses is not the proper person to be appointed as Eje of Ofu local Government Area.

The court gave an order setting aside the recommendation by the Ata Igala and the state Ministry for Local Government and Chieftaincy Affairs and the subsequent appointment of Chief James Abalaka by Kogi State Government; and gave an order of perpetual injunction restraining Chief James Abalaka from parading himself as Eje of Ofu Local Government Area.

The court also gave an order of perpetual injunction restraining the Ministry for Local Government and Chieftaincy Affairs from appointing any other person than Chief Akwu Obaje as Eje of Ofu as the court also set aside the appointment of Chief James Abalaka by the state government through the ministry.

The court eventually directed the Ata Igala and Kogi State Government to appoint Chief Akwu Obaje as Eje of Ofu Local Government Area.

As at the time of filing this report Chief Abalaka, Ata Igala and Kogi State Government as well as the state Ministry of Justice were said to have been served the certified copies of the court rulings, but no notice of appeal has emanated from the defendants.


Spread the love



Leave a Reply

Your email address will not be published. Required fields are marked *