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CaseLaw

Onu V. Idu (2006) CLR 6(e) (SC)

Judgement delivered on June 9th 2006

Brief

  • Findings of fact by appellate court
  • Concurrent finding of fact
  • Previous evidence of witness in subsequent proceedings

Facts

The Plaintiffs in their statement of claim pleaded the following facts:

  • 1
    That Ajiyolo Aboko-Oche was founded by two brothers namely Aboko and Oche.
  • 2
    That Aboko and Oche settled in the Eastern and Western parts respectively of Ajiyolo; and that the present names of the two settlements reflect their origins.
  • 3
    That the parents of 1st and 2nd Respondents are strangers in Ajiyolo.
  • 4
    That under native law and custom of Igala, the Madakis of the village have over the years been appointed exclusively from the lineages of Oche and Aboko alternatively; and that the two lineages constitute the only two ruling houses.
  • 5
    That all the previous Madakis of the village have been appointed from the male Descendants of Oche and Aboko.
  • 6
    That contrary to the established native law and custom of lgala, the 3rd and 4th Defendants appointed and recognised the 1st and 2nd Defendants as Madaki (Idaka) Ajiyolo and Madaki (Okoyi) Ajiyolo respectively.
  • 7
    That there were no places or clans known as Idaka and Okoyi within Ajiyolo Aboko-Oche village.
  • 8
    That the appointment and recognition of the 1st and 2nd Defendants as Madakis is contrary to Igala native law and custom as the said 1st and 2nd Defendants are not from Ajiyolo.

The 1st, 2nd and 3rd Defendants in their Joint Statement of Defence pleaded:

  • 1
    The village Ajiyolo had never been known as Ajiyolo Aboko-Oche.
  • 2
    The Defendants were not strangers in the village as pleaded by the Plaintiffs.
  • 3
    That the grandparents of the Plaintiffs, Aboko and Oche migrated from Ofeijiji in Egume to Okikili in Dekina.
  • 4
    That Aboko and Oche did not go to Ajiyolo and so could not have founded the village.
  • 5
    That Ajiyolo village was founded by one EYIBO ADEHI from Okoyi in Aboche, Biraidu District of Dekina.
  • 6
    That the Plaintiffs grandparents migrated through several villages before finally settling at Ajiyolo with the founder of Ajiyolo, Eyibo Adehi.
  • 7
    That the village was originally called Ajiyolo but later became known as Ajiyolo Ofalemu to distinguish it from other villages known as Ajiyolo and arising from the fact that oranges abound there.
  • 8
    That there were three main clans in Ajiyolo Ofalemu, namely: -(1) Okoyi clan from where the 1st Defendant came. (2) Idaka from where the 2nd Defendant came and Onuche/Edime from where the Plaintiffs came.
  • 9
    That each of the three clans was entitled to appoint its own Madaki by communal consensus.

The 4th to 6th Defendants in their Joint Statement of Defence pleaded the following:-

  • 1
    That they knew of a village called Ajiyolo Ofalemu but did not know or hear of AJIYOLO ABOKO- OCHE.
  • 2
    That the Defendants knew the 1st Plaintiff as the Madaki of a village under Aboche Gago Area only.
  • 3
    That Madakiship was a new innovation by Government to facilitate Tax collection in Gago Area and not a traditional title.
  • 4
    That Madakis were appointed by communal consensus by the wards or clans where one was required.
  • 5
    That the 4th - 6th Defendants recognised the 1st Plaintiff as a Madaki but that that did not give him a monopoly of the title.
  • 6
    The Madakis were not appointed to perform cultural ceremonies but to assist in Tax assessment and collection.

    • It was on the above state of pleadings that the suit was tried. On that state of pleadings issues were clearly joined as to who was the founder of the village. There was also an issue joined as to how many clans there were in Ajiyolo and as to whether appointment to Madakiship was hereditary and confined to the Plaintiffs' Aboko and Oche family alone or whether it was merely a consensual matter as decided by each clan or community.

    It was on the above state of pleadings that the suit was tried. On that state of pleadings issues were clearly joined as to who was the founder of the village. There was also an issue joined as to how many clans there were in Ajiyolo and as to whether appointment to Madakiship was hereditary and confined to the Plaintiffs' Aboko and Oche family alone or whether it was merely a consensual matter as decided by each clan or community.

    The parties filed and exchanged pleadings. The relevant pleadings are the Statement of Claim filed on 15/10/97, Joint Statement of Defence of 1st, 2nd and 3rd Defendants filed on 10/11/97, Reply to the Joint Statement of Defence of the 1st, 2nd and 3rd Defendants filed on 3/12/97, Joint Statement of defence of the 4th, 5th and 6th Defendants filed on 9/12/97 and Reply to the Joint Statement of Defence of the 4th, 5th and 6th Defendants filed on 9/01/98. The case was heard by Tom Yakubu J. The Plaintiffs called 9 witnesses. The 1st to 3rd Defendants called five witnesses. The 4th to 6th Defendants called one. On 1/12/99, the trial Judge in a well- reasoned judgment dismissed the claims of the Plaintiffs in their totality.

    The Plaintiffs were dissatisfied with the judgment of the trial Court. They brought an appeal against it before the Court of Appeal, Abuja Division (i.e. the Court below). The Court below on 24/7/2001, in a unanimous judgment dismissed the Plaintiffs’ appeal. Still dissatisfied, the Plaintiffs have come on a final appeal before this Court.

Issues

  • 1
    Whether the Plaintiffs/Appellants had established or led ample material...

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