Court affirms Opaluwa as Attah Igala

A Lokoja High Court presided by Justice Etsu Muhammad Umar has dismissed a suit challenging the nomination, approval and installation of HRM Mathew Opaluwa Oguche Akpa 11 as the Attah Igala for lacking credible evidence. In his ruling on Wednesday, Justice Umar said the claimant, Prince Abdullahi Adejo Aliyu Obaje, failed to prove the existence […]

A Lokoja High Court presided by Justice Etsu Muhammad Umar has dismissed a suit challenging the nomination, approval and installation of HRM Mathew Opaluwa Oguche Akpa 11 as the Attah Igala for lacking credible evidence.

In his ruling on Wednesday, Justice Umar said the claimant, Prince Abdullahi Adejo Aliyu Obaje, failed to prove the existence of any binding customary law restricting succession exclusively to direct sons of former Atas, as claimed.

He added that the nomination, approval and installation of the 7th defendant (Alhaji Mathew Opaluwa) is in line with the enabling laws of the stool, customs and tradition of the people of Igala Kingdom.

In his argument, the lead counsel to the claimant, Barrister G. A Aleoji, stated that the defendants erred in Law for appointing Opaluwa as Ata Igala, considering key native law and custom guiding the ascension of the Ata Igala stool, particularly section 10 of the law 2006, referred to as “Chiefs law of Kogi State”.

However, in their defence, the 1 to 4 defendants tendered documents showing that the Igala Area Traditional Council (Modification of Native Law and Custom) order, 2015 (gazette no 2of 2015) is a further amendment of a chieftaincy declaration in existence from colonial times.

Led by their counsel, Barrister Oluwafemi Adegboyega, the 1 to 4 defendants, therefore, prayed the court to dismiss the claimant’s claim in its entirety, with costs and affirm the appointment of the 7th defendant.

In his judgment, Justice Umar holds that the entire foundation of the claimant ‘s case collapsed for lack of credible evidence, stressing that “Customary law”, particularly in chieftaincy matters, must be established through “cogent, credible and compelling evidence”.

Consequently, Justice Umar dismissed the suit in its entirety for lacking merit, affirming the lawful nomination, approval and installation of Alhaji Mathew Alaji Opaluwa as Ata Igala.