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KOGI CJ STRIKES OUT APPLICATION TO ENFORCE REMOVAL OF OHINOYI OF EBIRALAND.
July 15, 2025
The Chief Judge of Kogi State and Presiding Judge of High Court One sitting in Lokoja, Hon. Justice Josiah Majebi, has struck out an application seeking enforcement of the removal of the Ohinoyi of Ebiraland, Alhaji Tijani Anaje.
He also awarded the sum of ₦200,000 as costs against the applicants.
The application, with suit number HCL/34/2024, sought the enforcement of an order earlier made by High Court Six, presided over by Hon. Justice Salisu Umar, in respect of the appointment of the Ohinoyi of Ebiraland.
It was filed by Daudu Banabas Ojiah and two others against the Governor of Kogi State and the Ohinoyi of Ebiraland, who were the two defendants.
“The application is an abuse of court process and in this circumstance it is only appropriate to strike out the motion for being an abuse of court process,” was the pronouncement of the court.
In awarding the costs, the Chief Judge frowned upon the unwarranted filing of cases capable of wasting the court’s time and cautioned that the court process is sacrosanct and should be preserved in such a manner that it continues to serve the course of justice.
Before delivering his verdict, Justice Majebi listened to the defendants’ counsel, led by A. W. Zakari Esq. of the State’s Ministry of Justice, who expressed disappointment in the legal team of the claimants for their absence in court despite having instituted the case.
In corroboration, another counsel in the defendants’ team, Z. E. Abbas Esq., informed the court that the substantive matter was already before the Court of Appeal, following the initial judgment.
Barr. Zakari said he was surprised that neither the applicants nor their counsel appeared in court, adding that he had only received a notification that morning informing him that the applicants and their counsel had dissociated themselves from the suit.
He reminded the court that the applicants had previously been served a notice of disobedience.
Abbas Esq., on his part, said a similar motion had been struck out on 21st May 2025, having been withdrawn by the applicants. He also referred to court records showing that an appeal was duly filed, citing Order 4, Rules 10 and 11 of the Court of Appeal Rules, 2021.
He noted that the present application, filed on 29th May 2025, sought an order compelling the defendant to vacate the palace and stop parading himself as the Ohinoyi of Ebiraland, despite the applicant’s awareness of a pending appeal on the matter at the Court of Appeal.
He argued that the applicants ought to have been guided by the ongoing proceedings and could not withdraw at the last minute without consequence. He demanded that the court award ₦2 million as costs.
Aligning with this position, Barr. Zakari added that it was too late for the applicants to withdraw or dissociate themselves from the matter and urged the court to consider the ₦2 million cost canvassed against the claimants, who failed to appear in court despite being fully aware of its processes.