Madam Ujueke Enemuo (Chair Person, Umuada-umuchu) & Anor V. Alochukwu Ezeonyeka & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Anambra State, Aguata Judicial Division delivered by Honourable Justice C. O. Nweke in suit No. AG/M.14/99 on 21st September, 2001. The appellants herein were the 2nd and 3rd respondents in the suit which was a Fundamental Human Right Enforcement Proceedings. The respondents who were the applicants at the Court below applied by a motion on notice pursuant to the leave of the Court granted on 22nd June, 1999 for the following reliefs:

“1. A Declaration that the action(s) of the Respondents jointly and severally by themselves, agents, servants, privies by imposing order of Banishment on the applicants by the Second and Third Respondents in their capacities as Chairperson of Umuada Umuchu and Secretary respectively of the same and forcible ejection of the Applicants from their Country Home at Ugwuakwu Village, Umuchu and not allowing them to visit their home and relations constitute a breach of the Applicants Fundamental Rights guaranteed by Sections 31, 32, 33, 34, 37, 38, and 39 of the Constitution of the

Federal Republic of Nigeria.

2. A Declaration that denial of fair hearing to the Applicants by the Second and Third Respondents is unconstitutional, unlawful, illegal, void and an abuse of the Traditional positions held by the Second and Third Respondents in Umuchu.
3. An Order of injunction perpetually restraining the Respondents by themselves, agents, servants, privies from continuing the unlawful order of Banishment imposed on the Applicants since 1995 for a period of 15 years, inflicting/threatening the Applicants with physical violence, imposing fines on any person that associates with the Applicants or any of the Applicants in any way or manner.
4. N6, 000,000.00 being special, general and exemplary damages against the Respondents jointly and severally.
5. Such further Order or other Order as this Honourable Court may deem fit and proper to make in the interest of justice.”

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The appellants failed to react to the processes before the date fixed for hearing and the subsequent adjourned date. The hearing of the application commenced in their absence on 9th March, 2000 and the respondents’ counsel concluded his argument that day. The

application was again adjourned to 4th May, 2000 to give the appellants another opportunity to respond to application. The appellants then filed a motion on notice dated 31st March, 2000 on 11th April, 2000 and prayed the Court for an order to strike out the suit for being incompetent. The 1st and 4th respondents at the Court below also filed a motion seeking an order striking out their names and a declaration that no act or omission of the 1st and 4th respondents warranted their joinder in the suit.

The two motions were heard together with the argument of the respondents’ counsel in respect of the substantive motion. In a considered ruling delivered on 21st September, 2001, the Court below dismissed the claim against the 1st and 4th respondents at the Court below. The objection of the appellants who were the 2nd and 3rd respondents was dismissed. Judgment was entered against the appellants herein as follows:

“I declare that the banishment of the applicants by the 2nd and 3rd Respondents, their agents and privies and the Umuada Umuchu is unconstitutional, unlawful, null and void. The applicants have claimed N6, 000,000.00 (Six Million Naira)

exemplary and general damages against the respondents. There is no evidence to support exemplary damages. However, I hold that the applicants have suffered deprivation, annoyance and humiliation. In the circumstance I assess damages suffered by the applicants at N50, 000.00 (Fifty thousand Naira) to be paid by the 2nd and 3rd Respondents.

I also order that the applicants return to their home at Ugwuakwu Umuchu and go about their normal business without molestation or hindrance from the Respondents, their Agents, Servants and Privies.”

On 10th November, 2015 when this appeal was heard, the appellants applied that the names of the 7th and 8th respondents in this appeal (1st and 4th respondents at the Court below) be struck out of this appeal. Accordingly, the names of the 7th and 8th respondents in this appeal, that is Chief W. I. Ojiako (Regent, Umuchu Community and Chief Fabian Igwebuike (President, Umuchu Representative Assembly, Umuchu) are hereby struck out from this appeal.

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The notice of appeal is dated 10th October, 2001. It contains 7 grounds of appeal which are as follows: