By Boluwaji Obahopo, Lokoja
A High Court sitting in Lokoja has upheld the appointment and ascension of Matthew Alaji Opaluwa as the Attah Igala and Chairman of the Kogi State Traditional Council.
Justice Etsu Mohammed’s judgment on Wednesday brought to an end a five-year legal tussle instituted by the son of former Attah Igala, Prince Abdulahi Adejoh Obaje, challenging the nomination and ascension to the throne of Matthew Alaji Opaluwa in 2021.
Prince Obaje, through his counsel, had urged the court in November 2021 to terminate the appointment and ascension to the throne of Matthew Alaji Opaluwa as the Attah Igala by the Kogi State government.
He argued that the 1951 Chiefs Law of Kogi State, which made provision for appointment, deposition and establishment of Chiefs, stated that only a direct son of a former king can become Attah; and Opaluwa, being a grandson, was not qualified for the stool.
He likewise prayed the court to pronounce him the authentic Attah since two out of the four ruling houses no longer have a direct son, and his own ruling house (Aju Akunobi) had earlier nominated him for the race.
”Alhaji Matthew Alaji Opaluwa was neither nominated by his ruling House nor recommended by the kingmakers as required by law”.
However, counsel to the defendant, Dr. Daniel Makolo in his counterclaims argued that the 1951 law relied on by the claimant had been amended in 2015 by former Governor Idris Wada, which made provision for a grandson to ascend the throne.
He said the position of the claimant that his client was not duly nominated was erroneous as none of the Aju Akogu ruling house has come forward to denounce Opaluwa’s nomination.
He asked the court to dismiss the case and affirm his client as duly nominated.
Ruling on the suit, Justice Etsu Mohammed dismissed all the claimant’s prayers and affirmed Opaluwa as duly nominated for the traditional stool.
On the ground that the amended law that gives backing to a grandson was made by the executive rather than the legislature, Justice Etsu said the law was only amended, and the process does not necessarily have to start from the legislature, since it was later passed by the State Assembly.
However, in a show of sportsmanship, the Attah Igala instructed the court to waive off the litigation cost that would have been levelled against the claimant, and rather urged him to come home and join hands with him to move the area forward.
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