ALIU & ORS v. MOHAMMED & ORS
On Thursday, the 15th day of February, 2018
CA/AK/61/2015Before Their Lordships
MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Between
Before Their Lordships
MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Between
1. ALHAJI OLU ALIU
2. ALFA AJIGBOHUNRERE KAREEM
3. MALLAM DAUDA LAWAL
(FOR THEMSELVES AND ON BEHALF OF OKA MUSLIM COUNCIL, OKA-AKOKO, ONDO STATE OF NIGERIA)
4. ALHAJI ABDULKAREEM ASHIRUDEEN MOHAMMED Appellants
AND
1. ALHAJI ABUBAKAR ISSA MOHAMMED
2. MALLAM ALIMI ABUBAKAR (OKA STENAL)
3. MALLAM ALONGE ABUBAKAR
4. MALLAM ABUBAKAR IDRIS
5. ALHAJI OMOYUNGBO RAHEEM
6. ALHAJI S.A. GIWA
(FOR THEMSELVES AND ON BEHALF OF OKA MUSLIM COMMUNITY, OKA-AKOKO, ONDO STATE OF NIGERIA) Respondents
…………………….A…………………….
UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered on the 12th day of December, 2013 by Hon. Justice B. F. Adeyeye.
1. Declaration that Alhaji Abdulkareem Ashirudeen Mohammed the 5th Plaintiff has been duly appointed as the Chief Imam of Oka Akoko, Ondo State of Nigeria having been so pronounced by the Oka Muslim Council and with the concurrence of Oka Oba-In-Council.
2. An injunction restraining the Defendants, whether by themselves, their agents, servants, privies from doing or attempting to do anything or behaving in any manner whatsoever to or likely to disrupt the official Turbaning Ceremony of the 5th Plaintiff as the Chief Imam of Oka Akoko, Ondo State of Nigeria.
The Defendants/Respondents in opposition filed a Statement of Defence and counter-claim wherein it counter-claimed against the Plaintiffs/Appellants as follows:
1. A declaration that the first counter-claimant is the one duly appointed as the Chief Imam of Oka-Akoko, Ondo State of Nigeria having been so appointed since 2006 and by so he is the only person entitle to lead Oka-Akoko Muslims’ Community.
2. A declaration that the fifth Plaintiffs are not the authentic and or accredited representatives of Oka-Akoko Muslim Council and or Community and therefore cannot act for and on behalf of Oka Muslims’ Council/Community.
3. A declaration that the Plaintiffs cannot appoint the fifth Plaintiff or any person or body as the Chief Imam of Oka-Akoko and the purported appointment of the fifth Plaintiff as the Chief Imam of Oka-Akoko is void and of no effect.
4. An Order of perpetual injunction restraining the Plaintiffs jointly and severally from appointing and or turbaning the fifth Plaintiff as the Chief Imam of Oka-Akoko, Ondo State of Nigeria.
5. An Order of perpetual injunction restraining the fifth Plaintiff from presenting himself to first to fourth Plaintiffs or to any other person for the purpose of appointment and or turbanning as the Chief Imam of Oka-Akoko, Ondo State and from performing the function of Chief Imam or parading himself as the Chief Imam of Oka-Akoko, Ondo State.
On 2nd October, 2009 the Appellants filed a notice of discontinuance of their suit and same was accordingly struck out on 19th April, 2010. However, the Respondents as counterclaimants continued with their counter-claim at the lower Court.
At the close of pleadings the case proceeded to trial. The Respondents called two (2) witnesses and tendered Exhibits C1 – C15. The Appellants opened their defence and they testified and tendered Exhibits A – F.
At the conclusion of the trial and address of counsel the learned trial judge entered judgment for the Respondent.
Being aggrieved by the decision of the trial Court the Appellants lodged an appeal to this Court containing three grounds of appeal.
In accordance with the Rules of this Court parties have filed and exchanged their briefs of argument.
The Appellants relied on their briefs filed on the 4th June, 2016 but deemed properly filed on 27th February, 2017- in which they distilled two issues for determination as follows:-
1. Whether it was right for the learned trial Judge to hold that Exhibit CC4 is the agreed
…………………….B…………………….
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