Chief judge of Kogi State and trial judge of High Court One sitting in Lokoja, Josiah Majebi, has struck out an application seeking enforcement of the removal of Ohinoyi of Ebiraland, Alhaji Tijani Anaje.
He awarded the sum of N200,000 as cost against the applicants.
The application with number HCL/34/2024 sought the enforcement of an earlier order by High Court Six headed by 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,” the court ruled.
In awarding the cost, the CJ frowned at 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 manners that it would continue to serve the course of justice.
Before passing his verdict, Justice Majebi had listened to the defendants’ counsel led by A. W. Zakari of the state’s Ministry of Justice, who expressed disappointment in the legal team of the claimants for their absence in court despite instituting the case.
In corroboration, another counsel in the defendants’ team, Z. E. Abbas, informed the court that the substantive matter was already before the Court of Appeal following the initial judgement.
Barr. Zakari said he was surprised that neither the applicants nor their counsel showed in court adding that he only received a notification to that effect yesterday morning that the applicants and their counsel had dissociated themselves from the suit.
He reminded the court that the applicants had also been served a notice of disobedience in the past.
Abbas Esq., on his part, said a similar motion was struck out on 21st May, 2025 having been withdrawn by the applicants just as he also referred to records showing that appeal was duly filed as he relied on order 4 Rules 10 & 11 of the Court of Appeal Rules, 2021.
He said the present application was filed on 29th May, 2025 for an order seeking the defendant to vacate the palace and stop parading himself as Ohinoyi of Ebiraland when the applicant was particularly aware of a pending appeal in respect of the matter at the Court of Appeal.
He said the applicants ought to have been well-guided by the proceedings of the court and could not therefore withdraw at the last minute without consequences and demanded an award of N2 million naira as cost.
Aligning himself with this position, Barr. Zakari added that it was too late to withdraw or dissociate themselves with the matter and urged the court to consider the cost of N2m canvassed against the claimants who failed to appear in court despite knowing fully well that the court has its processes.
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