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Judge's gavel and image of lady justice
A High Court in Plateau State on Friday ordered the paramount ruler of the Izere nation in Jos East Local Government of the state, His Royal Highness, Isaac Azi Wakili, to pay N10 million as damages for installing one Dang Azi as the Ward Head of Ahwere in his locality .
The court sitting in Jos and presided over by Justice P Gang gave the order while delivering judgment in an originating summon filed against the monarch and six others by the claimant and Ward Head of Laminga community, Chief Y A Izang.
It will be recalled that On the 11th of May, 2007, the Plateau State High Court presided over by His Lordship, Hon. Justice Y.G Dakwak, had ruled that the selection of one Atsen Dang Azi, in the first place, to aspire for rulership as a Ward Head of Laminga or any part thereof is null and void as it did not conform to the traditional evidence which only permits his Ahwere family lineages to aspire as Chief Priests and not as Ward Heads in Laminga community.
The Court of Appeal as well as the Supreme Court had also dismissed the case in favour of the claimant.
The claimant had asked for “An order of the court setting aside the purported installation of the second defendant by the first defendant as the Ward Head of Ahwere or of any part in Laminga Ward, Jos East Local Government Area, Plateau state.
“An order of the court directing that the first defendant and the 4th defendant should tender a public apology to the claimant using the mass media within Plateau State and same be published in two national daily newspapers .
“An order of the court directing the defendants jointly and or severally to pay the claimant the sum of ten million naira only as damages for the psychological and emotional trauma suffered by the claimant as a result of the defendant's action,” he prayed.
Our correspondent reports that although the first defendant was not in court, his lawyer, A Madaki, had argued that his client was not a party to the case earlier decided by the courts.
The defense counsel also argued that his client was not liable because as traditional rulers, they were covered by public officers protection act which stipulates in Section 2a that any public officer who is in execution of his duties cannot be liable for any wrong or omission in the course of his duties.
But counsel to claimant had rejected the argument of the defense counsel and insisted that traditional rulers were not within the contemplation of the public officers protection act as they cannot be subjected to discipline and promotion by the Ministry in the civil service nor were they entitled to pension and gratuity like other public servants .
Delivering judgment in the matter on Friday, Justice P Gang agreed with the submissions of the claimant’s counsel and granted the reliefs sought by them. (The PUNCH)