Chief Emmanuel Ogbonna V. The Attorney-general Of Imo State & Ors.(1992)

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NNAEMEKA-AGU, J.S.C. 

This is a further appeal to this Court against the judgment of the Court of Appeal Port Harcourt Division dated the 3rd day of May, 1989. That Court has dismissed the appeal of the plaintiff against the judgment of Nwachukwu, J., sitting at Mbano/Etiti Judicial Division of Imo State High Court.

The plaintiff had instituted an action against the defendants Nos. 1-3 claiming the following reliefs:

“Particulars of Claim

(a) Declaration that by the provisions of the Chieftaincy Constitution of Amainyi Autonomous Community 1978, in the Etiti L.G.A. within the jurisdiction, the selection, appointment and recognition of the Community’s Traditional Ruler should be based on a rotatory system.

(b) Declaration that Chief Emmanuel Ogbonna, the plaintiff on record, having been selected in accordance with the provisions of the said Constitution is entitled to be presented and recognized by the competent authority in accordance with the relevant law.

(c) Declaration that the 3rd defendant not having been selected in accordance with the said Constitution is not entitled to be presented and recognized as the Traditional Ruler of Amainyi Autonomous Community aforesaid by the 1st and 2nd defendants or by any other authority.

(d) Declaration that any selection, presentation and recognition of the 3rd defendant in violation of the provisions of the Chieftaincy Constitution of Amainyi Autonomous Community is ultra vires, illegal and null and void.

(e) Injunction restraining the 1st and 2nd defendants by themselves, their servants and agents from recognizing the 3rd defendant as the Traditional Ruler of Amainyi Autonomous Community pending the determination of the action now in court.

Dated 20th September, 1986.

Signed: P.C. Ikpeama, Barrister

Iketuonye Chambers,

22, Douglas Road,

Owerri.”