5 popular court cases of the late James Ocholi (S.A.N)

– The funeral of the late James Ocholi (S.A.N) may have come and gone but his memory will linger for a long time

– Before his foray into politics, Ocholi had made name for himself as an effective legal luminary in Nigeria

– His colleague, Barrister Wahab Shittu lists his most outstanding cases in honour of his memory

The contributions of the late Ocholi to jurisprudence cannot be waved aside. He has handled several contentious cases at various levels of Nigeria’s court system right up to the Supreme Court.

The late Ocholi during his screening as a minister by the Nigerian Senate

Below are 5 cases (edited) that stood him out in the Nigerian legal system.

Read below:

1. In Appeal No. SC/221/2000 between Sumonu Abogun vs Edward Doherty & Ors 

The case was decided by the Supreme Court on the September 19 2006. The issue resolved in the matter whether the appellant who was in procession of the land before the commencement of hostilities at the instance of the respondent can be adjudged a trespasser who must not be allowed to remain in possession pending the determination of the appeal. The matter was sensitive, being dispute between major land owners in Lagos and their age long tenant who was assigned a portion of the Doherty family land.

2. In Appeal No. SC/188/2005 between Benjamin Oyahire vs The State

The case was decided by the Supreme Court on July 14 2006. The issue resolved in the matter was whether the lower court treated the evidence of a co-accused correctly before affirming the conviction of the Appellant by the trial court. The Appellant was one of the three accused persons charged with the offence of culpable homicide, armed robbery, mischief by fire and criminal conspiracy at Lokoja High Court. They were tried and convicted. The Court of Appeal affirmed the conviction of the Appellant. He appealed to the Supreme Court on a number of grounds and raised several issues. The Supreme Court equally affirmed his conviction.

3. In Appeal No. SC/412/2001 between Alhaji Lasisi Gbadamosi & 1 Or vs The Governor of Oyo State & 8 Others

The case was decided by the Supreme Court on June 16 2006. The issue resolved in the matter was whether a claimant who seeks to rely on Native Law and Custom to prove ownership of a traditional title/land, is required to specifically plead the particular Native Law and custom and prove same at trial and whether such custom cannot be inferred or presumed. The dispute in this case arose over succession to the stool of Baale of Egbeda in Egbeda local government area of Oyo state. The trial court dismissed the claim of the plantiff. The dismissal was affirmed by the Court of Appeal, Ibadan Division. On appeal to the Supreme Court, the Court of Appeal judgement was affirmed.

4. In Appeal No. SC/261/2001 between Moses Bunge & 1 Or vd The Governor of Rivers state & 5 Others

The case was decided by the Supreme Court on March 9 2006. The case centered on a chieftaincy dispute between Otaru village community of Abua and Agana family of Omalem in Abua local government area of Rivers state. The plaintiff/appellants claimed inter-alia a declaration that the only family that can present the Odo-Abua or the highest chieftaincy title in Abua is the Agba family of Otaru village. The Court of Trial and the Court of Appeal entered judgement for the Respondents and dismissed the Plaintiff’s case. But on appeal, the Apex Court set aside judgment of the Lower Court and the Trial Court and entered judgment for the Plaintiff.

5. In Appeal No. CA/A/193/2004 between Hon. Femi Davies vs Anthony Idown Mendes & 2 Ors

The case was decided by the Court of Appeal on April 27 2006. The issue resolved in the matter was whether the case of the Plaintiff as constituted before the trial court does not bother on the invitation of the Court to descend into the domestic affairs of a political party and the consequent determination of a political question. The case borders on the powers of the court under Section 23 of Electoral Act 2002. There were conflicting decisions of the Court of Appeal on the question and required the matter being laid to rest by the Appelate Court.

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