Appeal court dismisses lower one’s decision on chieftaincy conflict

The lingering legal battle over the validly appointed Onu Ankpa of Ankpa, Igala Kingdom of Kogi State, recently took a new turn as the Court of Appeal dismissed the suit filed by the Onu Ankpa of Ankpa, Alhaji Abdulmalik Umar.

The court also awarded N50, 000 cost in favour of the appellant, Alhaji Abdulazeez Sani.

The three-member panel of the Appeal Court – Justices Stephen J. Adah, Peter Olabisi Ige and Mohammed B. Idris, in their December 18, 2018 judgment also upheld the appeal filed by Alhaji Abdulazeez Sani, challenging the decision of the lower court on the issue.

Justice Peter O. Ige, who delivered the judgment, ordered that the appeal was meritorious and thereby allowed.

“The judgment of the High Court of Justice, Kogi State, delivered by Justice A. N. Awulu is hereby set aside,” Justice Ige held.

He further stated that the learned trial judge erred by giving validity to the appointment of Alhaji Umar (1st respondent, “which principally was based on the judgment he sought relief for interpretation.

“There is evidence in record in the affidavits that the appropriate authorities asked the appellant and other contestants to withdraw their cases from court in order to resolve the chieftaincy matter, which is the subject of dispute between the appellant and the 1st respondent.

“The complaints of the appellant in issues three and four are well founded and are resolved in favour of the appellant”, the court held.