CaseLaw
Sokwo V. Kpongbo (2008) CLR 2(f) (SC)
Judgement delivered on February 8th 2008.
Brief
Facts
The case of the Appellant as Plaintiff is that he is the only candidate entitled to be appointed as the Aguma of Bassa Kwomo after the death of the immediate occupant of that stool, Joseph Dodo Alagani, having been selected by his Akuba Ruling House. The Appellant contended that the filling of the vacant stool of Aguma of Bassa Kwomo, is the exclusive preserve of the members of the Akuba and Edigeshi Ruling Houses on the demise of the late Aguma, Joseph Dodo Alagani. That Edigeshi Ruling House having served its turn through the late Joseph Dodo Alagani, it was then the turn of the Appellant's Akuba Ruling House to produce the successor to the throne because the 1st Respondent who is neither a member of Akuba clan nor that of the Edigeshi clan, was not eligible since the stool of Aguma of Bassa Kwomo was a creation of Bassa Kwomo native laws and custom.
The case of the Respondents as Defendants at the trial Court was that the stool of Aguma of Bassa Kwomo is not an exclusive preserve of Akuba and Edigeshi clans but that all members of the five clans of Akuba, Edegeshi, Arishamishi, Asheshama and Ozongulo, are eligible to be considered to fill the vacant stool. That the 1st Respondent being a member of the Ozongulo clan, was rightly nominated and appointed to succeed late Joseph Dodo Alagani, asserting that the stool of Aguma of Bassa Kwomo was not a creation of Bassa Kwomo native law and custom but the creation of the colonial Government.
At the conclusion of the trial, the learned trial Judge in his judgment delivered on 12th June, 2000, found in favour of the Appellant as Plaintiff granting him part of the relief (a) claimed to the extent that the appointment of the 1st Respondent/Defendant by the 2nd and 4th Respondents/Defendants as Aguma of Bassa Kwomo, was declared unlawful, unconstitutional, null arid void and of no effect on the ground of the appointment having been made in violation of the provisions of Section 3(2) of Law No. 7 of 1992 of Kogi State on the Appointment and Deposition of Chiefs. The trial Court also proceeded and granted the Appellant the injunction relief (g) sought by him against the Respondents restraining the 1st Defendant/Respondent from parading himself or holding himself out as the Aguma of Bassa Kwomo or from performing the function of Aguma of Bassa Kwomo and the 2nd, 3rd and 4th Defendants/ Respondents from recognising him or treating him as such. The trial Court however, refused to grant second part of the declaratory relief sought in relief (a), as well as other reliefs sought in (b), (c), (d) and (f) earlier quoted in full in this judgment.
Apparently, all the parties were not happy with the judgment of the trial Court resulting in the Appellant as Plaintiff appealing against it and the Respondents who were the Defendants also cross-appealed against it to the Court of Appeal Abuja which in its judgment delivered on 26th March, 2002, dismissed the Appellant's appeal and allowed the Respondents' cross-appeal. The instant appeal is by the Plaintiff/Appellant who was not satisfied with the dismissal of his appeal by the Court below.