The Kogi State Government has filed an appeal before the Court of Appeal in Abuja against a High Court judgement removing the Ohinoyi of Ebiraland, Tijani Ahmed-Anaje.
Muzi Abdullahi, the Attorney General and Commissioner of Justice of the state, who is the 2nd appellant in the appeal, made this known on Tuesday to the News Agency of Nigeria (NAN) in Lokoja, the state capital.
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A Kogi State High Court judge in Lokoja, Umar Salisu, removed the Ohinoyi from office in a judgement on Monday.
He handed down the judgment in a case filed by Daudu Adeku-Ojiah, Hussain Yusuf and Abdulrahaam Suberu challenging the appointment of Mr Ahmed-Anaje by former governor Yahaya Bello as the Ohinoyi of Ebiraland.
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The plaintiffs, represented by Lawal Rabana, a Senior Advocate of Nigeria (SAN), had sued Governor Ahmed Ododo, the State Attorney General, Muzi Abdullahi and the Ohinoyi of Ebiraland, Mr Ahmed-Anaje, in the case which began in Okene before its transfer to Lokoja.
The three plaintiffs pleaded with the court to declare that the procedure adopted in appointing Mr Ahmed-Anaje to the throne of Ohinoyi of Ebiraland was wrongful, unlawful.
They also argued that the process was contrary to Procedure of Ascension to the Throne of Ohinoyi of Ebira Land, Edict No 3 of 1997.
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Appeal
Governor Ododo and the attorney-general in their appeal against the High Court judgment joining Messrs Adeku-Ojiah, Yusuf and Suberu as the respondents.
In the prayers sought, the state government pleaded with the appellate court to allow the appeal and give an order setting aside the decision of the lower court.
They also prayed the court to dismiss the suit of the 1st to 3rd respondents at the trial court for lacking in merit.
They said that the ruling in a case marked HCO/12c/2006 tendered as Exhibit 1, which was relied upon by the 1st to 3rd Respondents, was an interlocutory ruling in respect of the processing, nomination, selection and appointment of some set of persons at the time, as Ohis to the five districts of Okengwe/Okene, Eia, lhima, Adavi and Eganyi.
In their five grounds of appeal, they alleged that the trial judge “erred in law and reached a perverse decision when he placed heavy reliance on Exhibit P.O 4 annexed to an “Affidavit of Facts in Response to the 1s, 2nd and 3rd Defendants Notice of Preliminary Objection.”
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“The learned trial court erred in law and reached a perverse decision to the detriment of the appellants when it relied on an interlocutory decision in suit no:- HCO/12c/2006 between Dr. Habibu Angulu Sani v the Kogi Govt & 5 Ors,” the notice of appeal added.
They also argued that the trial judge erred in law, causing a miscarriage of justice against the appellants when he assumed jurisdiction to hear and determine this instant suit when he lacked jurisdiction.
They also argued that the judgement of the court was against the weight of evidence presented at the trial.
The appellants prayed the court to allow the appeal and dismissed case of the respondents and the judgement of the lower court.
(NAN)
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