The Supreme Court, on Friday, nullified the appointment of a traditional ruler in Plateau State, Nde Goyang Kayili of Somji, Kabwir District, Pankshin Local Government Area, 30 years after he ascended the throne.
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.
According to NIGERIAN TRIBUNE, 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 September 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) recalled 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 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.
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