Ijigban Chieftaincy tussle: Oriri writes Ortom, highlights flaws in Attorney General’s legal advice, likely grievous consequence of fallacious legal interpretation

Your Excellency Sir,

FLAWS IN THE ATTORNEY GENERAL’S LEGAL ADVICE AND THE LIKELY GRIEVOUS CONSEQUENCE OF A FALLACIOUS LEGAL INTERPRETATION

With humble regards, the above matter refers.

The attention of the concerned people of Ijigban of Ado Local Government Area of Benue State has been drawn to an official memoranda, emanating from the office of the Attorney General of Benue State signed by the Chief Legal Officer, Wombo J.I and the Bureau for Local Government and Chieftaincy Affairs signed by Mrs. R.M Chia on the Ado Chieftaincy Affairs, particularly Ijigban District.

While the memorandum issued by the Attorney General of the State seems more like a response of the Attorney General to an initial memo requesting clarification from the Bureau, the other was addressed to the Ado Council Chairman, in which case the Executive Chairman, Hon. James Oche is directed by the Bureau to maintain “status quo” in line with the correspondence from the Attorney General’s Office.

Your Excellency Sir, it is pertinent to bring you to speed as regards this issue. In March 5th, 2008 the then District Head of Ijigban His Royal Highness Chief Oriri Ocheje went on a hunting expenditure and as customarily done, his son Chief Simon Agbo Oriri was appointed Acting District Head pending the election of a substantive head. In 2013 there was an attempt to conduct election that broke into fracas with Mr Christopher Okpekwu Onumah claiming to emerge the District Head.

Dissatisfied with this, his rival Mr. Samuel Ogbu challenged the said election in Suit No: Okp/HC/5/2013 and motion No: Okp/HC/154M/2014. wherein they both filed motions seeking to restrain each other from acting or parading themselves as District Head pending the determination of the case. One of the motions was granted in a court ruling dated 4th September, 2015 restraining Mr. Onumah from acting in the capacity of District Head pending the determination of the main suit. The ruling further ordered that, the status quo ante bellum be maintained.

In the light of this and consequent upon a letter from the Bureau to the Ado Local Government Chairman to reinstate the Acting District Head pending the outcome of the case, the Chairman obliged and reinstated Mr. Chief Simon Agbo Oriri on 1st December, 2020.

However Sir, having carefully read and analyzed the two official communications, we are constrained to make the following observations with a view to properly enlightening interested individuals who may have been taken aback, upon reading these communications and to also seek your fatherly intervention not to allow the Attorney General misdirect chieftaincy affairs under your watch as Executive Governor.

1. It must be noted that the office of the Attorney General, or any other, cannot, under any guise, invalidate or upturn a valid decision of a court of competent jurisdiction. If anything of such is to be done, it would be through the same court, a court of coordinate jurisdiction, or one of superior jurisdiction. There is, thus, no potency in the advice of the Attorney General, upon which the Bureau seeks to rely. It should be seen as what it clearly is: an advice beclouded by humongous political considerations, rather than any legal basis.

2. The concept of “status quo,” as used in the Bureau’s communication could be said to be misdirected. If there is any status quo to be maintained, it is that ordered by the court of law which the Council Chairman, Hon. James Oche has fully implemented. Even an elementary student of law understands what “status quo ante bellum,” as ordered by court, implies. The Bureau cannot, therefore usurp the powers of the court by using one status quo to nullify an already implemented status quo. Status quo can only be one; in this case, that ordered by the court.

3. That the Council Chairman cannot, in good conscience, implement the politically-ridden “legal advice” of the Attorney General of Benue State as it is a recipe for disaster among the Ijigban community. The pulse of the public, as accentuated by the court order, must be gauged in an action such as this, in order not to set an otherwise peaceful community on a calamitous path just to please those who seek to rule at all cost, without recourse to their legitimacy level.

4. The spirit of the ruling of the court wherein it held that status quo be maintained instructs parties to return or maintain the position of things ab initio before the suit until the just determination of the questions brought before the court (who legitimately won the election?). The Court in her wisdom has given an erudite ruling to preserve the res and the would be a judgment which could be rendered nugatory if status quo is not maintained. Assuming that at the end of the day, judgment is given against Mr. Onumah, he would have succeeded in illegitimately presiding over, and shortchanging the will of the Ijigban people.

5. It is also our firm opinion that the Attorney General and Special Adviser of the Bureau, in issuing the advice and directive respectively betrayed the positions entrusted to them for political and/or pecuniary gains, having allowed themselves to be used by a member of the House of Representatives for this ignominious action.

In conclusion your Excellency, we humbly urge you to quickly wade into this brewing crisis and ensure the court order is religiously implemented in the interest of justice. Justice is blind and must not recognize anyone, no matter how close he is to the Benue People’s House.

Merry Christmas and happy new year in advance my youth-friendly governor.