Riyom Rock
Formation in Plateau State
|
Nigeria’s Supreme Court on Friday nullified the
appointment of a monarch in the central Plateau state, Nde Goyang Kayili of
Somji, Kabwir District, Pankshin Local Government Area, 31 years after he
ascended the throne, NAN reports.
Delivering the lead judgment in an appeal brought by
Kayili’s counsel against the decision of the Court of Appeal, Jos Division,
Justice Clara Ogunbiyi held that the appeal lacked merit and dismissed it.
The apex court’s five-member panel also held that the
main appeal and cross-appeals were devoid of merit and dismissed them but
declined to award costs to either party.
The court further held that the Court of Appeal was
right to have decided that the Somji Stool was rotational between the two royal
houses of Neha and Ne’es.
It also affirmed the Court of Appeal’s judgment that
it was Neha’s exclusive right and turn to occupy the stool since the death of
Nde Boyi Goshit from Ne’es family on Sept. 5, 1984.
“The Court of Appeal was on a sound footing and could
not be faulted when it preferred the evidence of the plaintiffs on this issue
as against the evidence of the defendant.
“In the result and with all issues resolved against
the appellant, the totality of the appeal is lacking in merit and on the
totality of the appeal and cross-appeal, both are dismissed with no order as to
costs.
“Having proved that they belong to the Somji Ruling
House, which stool is rotational, and that it is now the turn of their Ruling
House, it is therefore, their exclusive right to occupy the stool,’’ Ogunbiyi
ordered.
The News Agency of Nigeria (NAN) recalls that the
plaintiffs, Esly Yilbuk and two others, now deceased, had instituted the suit
in 1987, challenging Kayili’s appointment on behalf of the Neha Ruling House.
The plaintiffs had joined Plateau Attorney-General and
Pankshin Local Government as co-defendants in the suit.
Mr Jim Gotom, the plaintiffs’ counsel, had sought the
following reliefs, among others: A declaration that the purported election, selection
or appointment and installation of Kayili by the Pankshin Local Government and
confirmation by the state government was null and void.
A declaration that the plaintiffs and Neha family was
the only house or has right to aspire to Somji stool.
The plaintiffs also sought a perpetual injunction
restraining the defendant from parading himself as the ruler of Somji and restraining
government from recognising the defendant’s appointment or validating same.
The trial court had held that the plaintiffs’ claim to
the throne had not been proved and dismissed same, following which they
proceeded to the Court of Appeal, Jos Division.
The Court of Appeal, however, reversed the trial
court’s judgment and ruled that the plaintiffs had proved their case to entitle
them to the judgment and the stool.
Unsatisfied
with the Court of Appeal’s decision, the defendants’ counsel, Mr Sunday Obende,
approached the Supreme Court for final determination of the suit.
No comments:
Post a Comment