The Supreme Court yesterday affirmed the appointment of Alhaji (Dr.) Ado Ibrahim as the Ohinoyi and paramount ruler of Ebiraland in Kogi State. The apex court struck out a legal action instituted against the traditional ruler by six aggrieved contestants to the stool in 1998.
Justice John Inyang Okoro, who delivered the lead of the unanimous judgement, held that the case against Ibrahim was statute barred at the time it was filed in June 3, 1998.
He held that since the appointment of the monarch was made public by the Kogi State government on June 2, 1997, the legal action ought to have been filed within the three months stipulated by section 2 of the Public Officers Protection Act.
The Supreme Court said the case having been filed after a clear nine months after the appointment was made in a letter signed by the then military administrator of the state, Col. Bzigu Lassa Afakirya, ran afoul of the Public Officers Protections Act and had become a nullity.
“There is no more cause of action for the plaintiffs at the trial court since they did not commence their court action within the three months the law permitted them to do so,” Justice Okoro ruled.
A Kogi State high court judge, Hussein Tanko, had in his judgement of April 2, 2006, dethroned Ibrahim on account of alleged irregularities and breaches of laws in his appointment.
Justice Tanko had held that the appointment was “illegal and fraudulent” because it breached the state and Ebira chieftaincy laws and deposed him.
The Court of Appeal, Abuja division, had also on December 12, 2009, in a judgment delivered by Justice Mary Peter Odili, upheld the judgment of the lower court.
However, not satisfied with the judgments of the two lower courts, Ibrahim had approached the Supreme Court, urging it to set aside their decisions. But the Supreme Court set aside the two judgments on the grounds that they were given in vain and in error since they have no jurisdiction to entertain a statute barred suit.
A fresh issue that the case was statue barred raised at the Supreme Court by the appellant through his counsel Chief Afe Babalola (SAN) was upheld. Respondents in the appeal are Alhaji Maigida Lawal, Alhaji Momoh Jimoh, Alhaji Ibrahim Ohida, Alhaji Ahmadu Anivbassa, Alhaji Isa Sani Omolori, Engr Idris Seriki and Comrade Momoh Sanni.
