Justice Daniel Okungbowa of Benin High Court has dismissed the objection by the Edo State government and the Momoh ruling house in the Auchi, Edo State Chieftaincy dispute and admitted the Ojiugo Report.
During the last sitting on October 11, Justice Okungbowa had reserved ruling for November 2 on whether to admit the report of the Ojiugo Commission of Enquiry following a vehement objection by counsels to the defendants, Mrs. B.U. Adeleye, Salman Dako and Daud Momodu.
Counsel to the plaintiff, Mr. Ose Okoh (SAN) had argued that he only 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 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 that, “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 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, and 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 tendered to show that there was such an enquiry.
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, the Otaru of Auchi, Alhaji H.A. Momoh, said they are seeking a declaration that the selection, presentation and appointment and/or production of Otaru of Auchi is rotational, and that each sub-ruling house of Ikelebe ruling house of Auchi must take its 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.
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, 2022 for the consideration of defence.
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