Court restraints Kogi government from unseating traditional ruler

Court restraints Kogi government from unseating traditional ruler

Wednesday, December 19, 2018 2:20 pm


Justice

A Kogi High Court sitting in Lokoja, on Wednesday, granted an Order of Interim Injunction restraining the State Government from terminating the appointment of Chief James Akor as Aidokanya of Odari in Olamaboro Local Government.

The court also restrained the government from condoning or acting on the purported indefinite suspension of Akor, pending the hearing and determination of the substantive Motion on Notice on issue.

Granting the order on Wednesday, Justice Henry Olusiyi of High Court II, Lokoja, said the suit was brought pursuant to Orders 11 Rules I and II of the High Court of Kogi State (Civil Procedure) Rules and the inherent jurisdiction of the Honourable Court.

The suit has Emmanuel Salifu, Attorney General of Kogi; HRM (Dr) Idakwo Oboni II, (Attah of Igala); Igala Area Traditional Council, Olamaboro Local Government Traditional Council as defendants.

Akor had approached the court, challenging his purported suspension as Aidoka-Anya of Odari and appointment of Salifu (first defendant) as his replacement by the state government (second defendant).

He also challenged the invasion of his palace at Ogbofe, Emonoja, Ogugu and his personal house in Ate-Okegbi, Ogugu as well as the seizure of his official vehicle by the police on the instruction of the second defendant.

His counsel, Realwan Okpanachi. therefore, filed an application before the court seeking orders of the court to restrain the second defendants from enforcing the purported indefinite suspension and replacement of the traditional ruler by the 1st defendant (Salifu).

He also sought an Order restraining the 1st Defendant from parading or further parading himself or presenting himself or allowing himself to be presented as the Aidokanya of Odari pending the hearing and determination of the pending motion on notice.

Okpanachi as well sought among others, an order of the court restraining the second to sixth defendants, their servants, agents, workers or privies including men of Nigeria Police from further harassment and intimidation of the Claimant/Applicant and/or invading his palace or personal house.

In an affidavit in support of the application, deposed to by the claimant/applicant, Akor said the suspension by the 4th Defendant was a “grand design” for the termination of his appointment as Aidokanya of Odari by the 2nd Defendant.

Akor noted that his trauma was orchestrated by the 2nd defendant to coerce him into withdrawing his pending suit No. HLC/562/18 challenging the appointment of Chief Simeon Sani Ujah as Eje of Olamaboro instead of him as the rightful candidate.

In his ruling, Olusiyi said that the grounds for the application bordered on the validity of the purported indefinite suspension of the claimant as Aidokanya of Odari and purported appointment of the 1st Defendant in his place by the 4th Defendant.

It also bordered on the invasion of the Claimant’s Palace and personal house by armed men of Nigeria Police force on the instruction of the second defendant, according to the News Agency of Nigeria, NAN.

Olusiyi therefore, granted the application and issued the orders sought by the claimant, pending the determination of the substantive suit.


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