The Chief Judge of Kogi State and Presiding Judge of High Court One, sitting in Lokoja, Justice Josiah Majebi, has slammed N200,000 fine on those who are seeking for enforcement of an earlier judgment seeking for the dethronement of the Ohinoyi of Ebiraland, Alhaji Ahmed Tijani Mohammed Anaje.
The Chief Judge angrily struck out the application, describing it as a waste of court time and abuse of judicial process.
The application, with suit number HCL/34/2024 sought the enforcement of an order earlier made by a High Court, presided over by Justice Salisu Umar in respect of the appointment of the Ohinoyi of Ebiraland and 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 chief judge averred: “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 Chief Judge frowned at what he called: ” unwarranted” filing of cases capable of wasting 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 Esq. of the state’s Ministry of Justice who particularly expressed disappointment in the legal team of the claimants for their absence in court despite instituting the case.
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 judgement.
Barr. Zakari said that he was surprised that neither the applicants nor their counsel showed up in court, adding that he only received a notification to that effect yesterday morning, July 15, and 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Abbas Esq., on his part, said that a similar motion was struck out on 21st May, 2025, having been withdrawn by the applicants just as he also referred to records showing that appeal was duly filed as he relied on order 4 Rules 10 & 11 of the Court of Appeal Rules,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 that 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 that 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 as cost.
Aligning himself with this position, Barr. Zakari saud that it was too late to withdraw or dissociate themselves with the matter and urged the court to consider the cost of N2 million canvassed against the claimants who failed to appear in court despite knowing fully well that the court has its processes.
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