*Nigeria’s Apex court gives final verdict on 17 year old case
The Supreme Court on Friday upheld the June 2, 1997 appointment of Kogi traditional ruler, Dr Ado Ibrahim, as the Ohinoyi of Ebiraland.
The apex court held that the suit was statute barred at the trial court, and set aside its concurrent decisions with the judgment of the Court of Appeal, Abuja Division.
The Court of Appeal had on Dec. 12, 2009, upheld the judgment of a Kogi High Court which dethroned Ibrahim on April 2, 2006.
Justice Tanko Hussein of the trial court had held that the appellant’s appointment by the Kogi Government was “illegal and fraudulent“ because it breached the state and Ebira Chieftaincy Laws.
However, Justice John Okoro, who read the lead judgment of a 5-man panel of justices of the apex court, held that the respondents failed to comply with Section 2 of the Public Officers Protection Act.
The provisions of the Act stipulate that a government’s action can only be challenged within three months.
According to the court, the suit was filed on March 6, 1998, a clear nine months after the appointment of Ibrahim was made on June 2, 1997.
Ibrahim’s appointment by Col. Bzigu Afakirya was challenged by a group of Ebira chieftaincy stool stakeholders in 1998.
They had joined Ibrahim, Kogi Government and Attorney-General and Commissioner of Justice as defendants in the suit
Ibrahim had approached the Supreme Court urging it to set aside and stay the execution of the judgments of the trial court and Court of Appeal which did not favour him.
Kogi Government also sought leave of the court for an order to file its own appeal separately, which was granted.
Many initial plaintiffs also later died, thereby necessitating a string of amendments and attendant delays in the suit over the years.
Respondents in the appeal are: Alhaji Maigida Lawal, Alhaji Momoh Jimoh, Alhaji Ibrahim Ohida, Alhaji Ahmadu Anivbassa, Alhaji Isa Sani Omolori, Mr Idris Seriki and Comrade Momoh Sanni.