A Lokoja High Court presided by justice Etsu Muhammad Umar has dismissed a suit challenging the nomination, approval and installation of HRM Alaji Mathew Opaluwa Oguche Akpa 11 as the Ata Igala for lacking credible evidence .
In his ruling on Wednesday , Justice Umar said the claimant , Prince Abdullahi Adejo Aliyu Obaje failed to prove the existence of any binding customary law restricting succession exclusively to direct sons of former Atas, as claimed .
He added that the nomination, approval and installation of the 7th defendant (Alaji Mathew Opaluwa)is in line with the enabling laws of the stool , customs and tradition of the people of Igala Kingdom.
The claimant opened his case in the writ of summon before the court dated 4th November 2021 , filing action against Alaji Matthew Opaluwa and six others , including governor Ahmed Usman Ododo, Kogi state government and Igala Area Tradditional council and Igala Kingmakers(1, 2 and 5 defendants respectively)
In his argument, the lead counsel to the claimant, Barrister G. A Aleoji stated that the defendants erred in Law for
appointing Alaji Matthew Opaluwa as Ata Igala , considering key native law and custom guiding the ascension of the Ata Igala stool, particularly section 10 of the law 2006, referred to as “Chiefs law of Kogi state”.
He argued that the Alaji Opaluwa is not eligible to occupy the ancestral stool because he was neither nominated by his ruling house nor Igala kingmakers, and not a direct son of a previous Ata Igala as stipulated by the “Chiefs law of Kogi state 2006”.
Also, he added that the 1to 5 defendants has therefore usurped the function of the kingmakers in the appointment of the 7 defendant, stressing futher that the governor had no power to amend or alter an existing law .
The plaintiff therefore prayed court for orders reversing all acts carried out by the defendants, and appoint the claimant in place of the 7 defendant in pursuant of the provisions of the “chiefs law of Kogi state 2006”.
However, in their defence, the 1 to 4 defendants led in evidence and tendered documents showing that the Igala Area Tradditional council ( modification of Native law and custom) order ,2015 (gazette no 2of 2015) is a further amendment of a chieftaincy declaration in existence from colonial times .
They held that the nomination of the 7th defendant was done in accordance with the modification/ amended law (gazette no 2 of 2015) and “the Kogi Chiefs law of 2006”.
Led by their counsel, Barrister Oluwafemi Adegboyega, the 1 to 4 defendants therefore prayed court to dismiss the claimant’s claim in entirety ,with cost and affirm the appointment of the 7th defendant.
In his defence, the 5th to 7th defendants maintained that the nomination , selection and appointment of the Alaji Matthew Opaluwa followed due process and presumption of regularity recognised by the law establishing the stool .
He added that the claimant failed to establish by credible evidence the existence of the alleged restrictive customary law upon which the entirety of his case rests .
“The claimant failed to discharge the evidential burden placed upon him by law ,and consequently non of his reliefs sought is grantable”, argued the team lead counsel , Barrister Daniel Daudu Makolo.
In his judgement , Justice Umar holds that the entire foundation of the claimant ‘s case collapsed for lack of credible evidence, stressing that “Customary law”, particularly in chieftaincy matters, must be established through “cogent, credible and compelling evidence”.
“Mere assertions, sentiments or assumptions were insufficient to sustain such a weighty claim seeking to overturn a traditional institution”, he said.
Justice stressed futher that the key issue on Gazette No. 2 of 2015, raised by the claimant to argue his eligibility and challenge the appointment process contradicted his position as the said gazette recognizes and qualifies grandchildren of a former Ata to ascend the throne.
He added that based on the evidence before the court, the nomination, screening, consultation and recommendation process substantially complied with established traditional and administrative procedures.
He said : “The claimant failed to rebut this presumption or establish any substantial illegality in the process, that dissatisfaction with the outcome alone was not enough ground for the court to invalidate the exercise”.
Consequently, Justice Umar dismissed the suit in its entirety for lacking merit, affirming the lawful nomination, approval and installation of Alhaji Mathew Alaji Opaluwa as Ata Igala .
While the lead counsel to 7th defendant , Barrister Daniel Daudu Makolo praised the judgement, the claimant ‘s counsel Barrister Nicholas Enenche says judgement is an opinion of a judge , stressing that they will know the next course of action after studying the copy of the judgement.
