A Kogi State High Court sitting in Lokoja has declared Section 13(1) of the Kogi State Chiefs Law, which empowers the Governor to banish a Traditional Ruler, unconstitutional and void. The court ruled that this provision contradicts the Nigerian Constitution.
The court also declared the banishment of HRH Dr. Samuel Adai Onimisi, the Obobanyi of Ihima, by former Governor Alhaji Yahaya Bello illegal and void. However, the court declined to set aside the deposition of HRH Dr. Samuel Adai Onimisi.
Unsatisfied with this aspect of the ruling, the Traditional Ruler has instructed Chief Joe-Kyari Gadzama, SAN, to lead a team of lawyers in appealing the decision. Chief Gadzama has filed a Notice of Appeal, Motion for Stay of Execution, and Injunction Pending Appeal, challenging the court’s refusal to set aside the deposition.
The Notice of Appeal and Motion were filed and served on the Office of the Executive Governor of Kogi State and the Attorney General of Kogi State on Friday, July 5, 2024.
This ruling has significant implications for the relationship between the government and traditional rulers in Kogi State. It is likely to be closely watched by legal and political observers in the state and beyond.