Monarch’s Banishment By Yahaya Bello Unconstitutional – Court

After a Kogi State High Court declared the banishment of HRH. Dr. Samuel Adai Onimisi by former Governor Yahaya Bello illegal and unconstitutional, the deposed Obobanyi of Ihima has proceeded to the Appeal Court to set aside his deposition. ..Read Full Article

Recall that Dr. Onimisi was one of the three traditional rulers deposed by the immediate past Governor barely two weeks to the expiration of his tenure. Others who were dethroned and banished to Niger state were the Ohimege Igu of Kotonkarfe, HRH Abdulrazaq Isah Koto; and the Olu Magongo, Sambola Ojoaha.

In a recent development, a Kogi State High Court sitting in Lokoja declared the provision of Section 13(1) of Kogi State Chiefs Law, which empowers the Governor of Kogi State to banish a Traditional Ruler, as unconstitutional, null and void, to the extent of its inconsistency with the Nigerian Constitution.

The Court further declared that the banishment of Dr. Onimisi was null and void with no effect.

Dissatisfied, nonetheless, with the Court’s decline to set aside his deposition, the First Class Traditional Ruler has instructed his lawyers to file an appeal against the court’s decline.

Leading his team, Chief Joe-Kyari Gadzama, SAN has filed a Notice of Appeal and a Motion for Stay of Execution as well as Injunction Pending Appeal; particularly to challenge the Order of Court refusing to set aside the deposition of HRH Dr. Samuel Adai Onimisi .

ebirareporters.com gathered that the notice of Appeal and motion for stay of execution which were filed on Friday July 5th, 2024 have been duly served on the Office of the Executive Governor of Kogi State as well as the Attorney General of Kogi State.

The said Notice of Appeal and the Motion were served on the same date they were filed.

Former Governor, Bello, had dethroned the rulers without specific details on their offences.

He said they “committed gross misconduct in various forms, and having followed through our traditional and chieftain laws, rules and regulations, and all the due processes,” informed the decision of his government.