Court Dismisses Suit, Upholds Alaji Opaluwa’s Installation as Ata Igala

Obaje Eli

A Lokoja High Court has thrown out a legal challenge seeking to overturn the appointment of Dr. Alaji Mathew Opaluwa as the Ata Igala, bringing a major twist to the dispute over the Igala Kingdom’s royal stool. 

The judgment was delivered on Wednesday by Justice Etsu Muhammad Umar. The court ruled that the Kogi State Government acted within the customs, traditions, and laws of the Igala people when it recognized and installed Opaluwa as the new Ata. 

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The case was filed by Prince Abdullahi Adejo Aliyu Obaje. He asked the court to nullify Opaluwa’s emergence and to declare himself the rightful heir. His core argument was that Igala native law and custom only allows direct biological sons of past Attahs to take the throne. 

Justice Umar disagreed with that position. He said Prince Obaje did not provide credible proof that such a restrictive customary rule actually exists and is binding. Without that evidence, the judge said, the entire basis of the suit could not stand. 

The court stressed the legal standard for proving custom in chieftaincy cases. According to Justice Umar, customary law must be shown with “cogent, credible and compelling evidence.” He added that personal claims, sentiment, or assumptions cannot be used to overturn a traditional institution. 

A central part of the dispute was Gazette No. 2 of 2015. Prince Obaje cited it to back his claim of exclusive eligibility as a direct son. The court, however, read the same Gazette differently. It found that the document also recognizes grandchildren of a former Attah as qualified, which undercut the claimant’s argument. 

On the selection process, the judge said evidence showed that Alhaji Opaluwa comes from the Aju Ame-Acho ruling house. That house is the one traditionally empowered to produce the Ata Igala. The court also found that nomination, screening, consultations, and recommendations largely followed both traditional and administrative procedures. 

The issue of due process was also addressed. Justice Umar said the appointment carries a statutory presumption of regularity. He noted it moved through all the proper channels: the kingmakers, the Igala Area Traditional Council, relevant government bodies, and final executive approval before the coronation. 

The court held that Prince Obaje failed to disprove that presumption or show any serious illegality. The judge ruled that being unhappy with the result is not a legal reason to invalidate a properly conducted selection. He also reaffirmed a key principle: “the judiciary is not a kingmaker.” Courts, he said, cannot nominate or install traditional rulers. That duty belongs to customary bodies and the executive under the law. 

With that, the court dismissed the suit in full for lack of merit. It affirmed the lawful nomination, approval, and installation of Alhaji Mathew Alaji Opaluwa as Ata Igala. The decision is expected to provide legal finality, at least for now, to the long-running contest over one of Igala Kingdom’s most revered traditional titles.

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