Edo High Court rules in favor of Ikharo family, admits ojuigo report as Exhibit

By DADA AYOKHAI 
  A Benin High Court precided over by  Justice Daniel Okungbowa yesterday ruled in favor of the admittance of the   Ojuigo commission of enquiry  report as Exhibit   in the ongoing Auchi chieftaincy dispute instituted by the ikharo family of Auchi.

The court dismissed the objection by the Edo State Government and the Momoh Ruling House against the . Report.

During the last sitting on October 11, Justice Okungbowa had reserved ruling for November 2 as whether to admit the Report of the Ojiugo Commission of Enquiry following a vehement objection by counsels to the defendants: Mrs. BU Adeleye, Salman Dako and Daud Momodu vehemently opposed the tendering of the Report of Ojiugo Commission of Enquiry into the Auchi chieftaincy dispute.

In suit No: B/329/2018 between the claimants Mamudu Ikharo, Yahaya Ikharo against the Attorney General, Edo State, Permanent Secretary, Ministry of Local Government Affairs, His Royal Majesty, Alhaji HA Momoh, the Otaru of Auchi, they are seeking a declaration that the selection, presentation and appointment and/or production of Otaru of Auchi is rotational, and each sub-ruling house of Ikelebe Ruling House of Auchi must take it turn in accordance with the custom and tradition of Auchi as enshrined in Section 3(2) and 14 (1) (c) of the Traditional Rulers and Chiefs Law 1979.

Counsel to the plaintiff, Mr. Ose Okoh SAN had argued that he sought to table the Ojiugo Report as an exhibit before Justice Okungbowa to show its existence and not to prove its content.

Citing Section 10 of the Commission of Enquiry Law of Bendel State which they said is applicable to Edo State and Section 8 of the Tribunal Evidence Act, the trio of Mrs. Adeleye, Dako and Momodu however objected to the admissibility of the document noting that the landmark cases of Ogunyemi Vs Badejo and Nting Vs Longkwan at the apex court made it illegal.

Dako insisted: "Ojiugo Report should not be admissible as evidence because it is a report of an enquiry. We have several Supreme Court cases like Ogunyemi Vs Badejo and Nting Vs Longkwan which makes the inadmissibility of commission of I inquiry reports in courts."

The trial judge however ruled that a report is only inadmissible when it is tendered for the purpose of evidence led at either the tribunal or commission of enquiry.

Justice Okungbowa held that when a report is tendered to show that there was an enquiry into something, adding that since the law is not a straight jacket, each case must be distinguished.

He insisted that it is not in all circumstances that reports of enquiries are rejected, adding that when such reports are tendered as evidence, they can be rejeced  but are accepted when tendering to show that there was such an enquiry.

The plaintiffs are also seeking a declaration that the Odjiugo Commission of Inquiry into the Otaru of Auchi Chieftaincy Title as regards the number and identity of the Ruling House and the order of rotation represents the true traditional, correct and customary position of Ikelebe title under Auchi Native Law and Customs.

The judge subsequently adjourned the case to January 10 for the consideration of defence.

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