Supreme Court upholds Ibrahim’s appointment as Ohinoyi of Ebiraland

The Supreme Court yesterday put an end to the 18-year old dispute over the appointment of Ado Ibrahim as the Ohinoyi of Ebiraland in Kogi State.

The court, in a unanimous judgment, upheld Ibrahim’s appointment as the paramount ruler of Ebiraland on June 2, 1997 by the then Military Administrator of the state, Colonel Bzigu Afakirya.

The Supreme Court, in a lead judgment delivered by Justice John Okoro, upheld Ibrahim’s argument that the Kogi High Court and the Court of Appeal, Jos were without jurisdiction when they heard the cases and gave judgments in favour of those opposed to the choice of Ibrahim. The court upheld Ibrahim’s appeal and set aside the concurrent judgments by the High Court and the Court of Appeal.

Some Ebira indigenes led by Maigida Lawal, who were dissatisfied with Ibrahim’s choice, had challenged his appointment at the state’s High Court on March 6, 1998.

In its judgment on April 3, 2006, the High Court, among others, voided Ibrahim’s appointment on the ground that it violated Edict No. 3 of 1997.

Ibrahim appealed to the Court of Appeal, Jos division, but lost, prompting him to appeal to the Supreme Court.

In upholding the appeal yesterday, the apex court held that the two lower courts were wrong to have assumed jurisdiction over the case  instituted six months after the cause of action arose, as against within three months allowed under the Public Officers Protection Act.

“Having appointed the appellant (Ibrahim) on June 2, 1997 and, the 1st to 4th respondents becoming aggrieved of the said appointment, their cause of action arose with effect from June 2, 1997.

”Section 2(a) of the Public Officers Protection Act states that such an action, prosecution or proceeding ‘shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of.

”The effect of the Public Officers Protection Act, like any other statutes of limitation, is to deprive the court of jurisdiction to entertain an action filed outside the time prescribed in the statute.

“The first to fourth respondents did not file their suit until March 6, 1998, clearly about nine months after their cause of action arose. That action, in my estimation, ought to have been filed not later than 2nd September, 1997.

“Let me state again for the umpteenth time that where a law prescribes a period for instituting an action, proceedings cannot be instituted after that period,” Justice Okoro said.

The judge held  that the Kogi State High Court, having been robbed of the jurisdiction to entertain the suit, “in the same vein, the lower court (Court of Appeal) had no jurisdiction to hear and determine the appeal, arising from a judgment generated from the High Court which had no jurisdiction to entertain same.

”Accordingly, both the judgment of the High Court of Kogi State delivered on April 3, 2006 and that of the court below (Court of Appeal) delivered on January 12, 2009, are hereby set aside,” the Justice Okoro said.

Other members of the panel, including Justices Ibrahim Mohammad, Muhammad Muuntaka-Coomassie, Olabode Rhodes-Vivour  and Sylvester Ngwuta, agreed with the lead judgment.