Gabriel Emaikwu Adah V. John Okoh Adah (2001)

LAWGLOBAL HUB Lead Judgment Report

UWAIFO, J.S.C.

This case is fraught with surprising twists and turns which ought never to have occurred to bring it to the undeserved end it has come to. The appellant (as applicant) sought an injunctive relief in the High Court, Otukpo, Benue State in this form:

“An order of injunction restraining the respondent from acting or interfering in anyway however with the performance of the applicant’s duties/functions or responsibilities as the clan head of Ekenobi clan in Okpokwu Local Government Council or in anyway parading or holding himself out as the clan head of Ekenobi clan.”

This was by motion supported by affidavit and necessary documents. His claim is that as the head of Ai Ekenobi, one of the five clans that make up Ekenobi, he was selected the clan head of Ekenobi; the other clans being Ai Adoli, Ai Oko, Aiojogo and Ai Okete. On 25 September, 1989, the respondent, the clan head of Ai Adoli, contested the said clan head-ship with him and lost. By a letter dated 26 January, 1994, approval of the appointment as clan head was conveyed to the appellant by the secretary, Idoma Area Traditional Council effective from December 1, 1993 on a stipend of N5,000.00 per annum reference letter No.LGPCNS/LAC 18/T.1/268 of 13 December, 1993 from the office of the Director-General, Deputy Governor’s Office

The respondent was said however to parade himself as the clan head of Ekenobi by (1) bringing out the royal ancestral masquerade called Ekwunokwu; (2) performing mass burial ceremonies known as lkwu in other clans apart from his own; (3) settling land disputes; and (4) wearing the clan head’s bead despite warning at the instance of His Royal Highness, the Ochidoma II.

In his affidavit in opposition, the respondent countered the claim that there are five clans in Ekenobi but said there are four sub-clans namely Ai Adoli, Ai Ekwo, Ai Oko and Ai Ojogo. He added that the appellant hailed from Ai Okete a sub-clan made up of settlers who, therefore, were not indigenes of Ekenobi. He further claimed that the traditional stool of Ekenobi clan was known as Ogblegba Eke, clan head, and that the post was available only to the male descendants of the four sub-clans mentioned above in rotation among the sub-clans. He asserted that following the rotational arrangement he was on 21st September, 1989 selected by the elders and king makers of Ekenobi and that he performed the necessary ceremonies to become the ‘ancestral spirit’ of the Ekenobi clan. But when the appellant began to interfere with his office of Ekenobi clan head, aided by the then Chairman of the Idoma Traditional Council, he (the respondent) instituted an action in the High Court in Suit No.OHC/1/90 and hearing commenced. However, sometime in December, 1993, while the case was still pending, the Benue State Government approved a list of new clan heads in Idoma land. In the approved list, the appellant was made the clan head of Ai Ekwo Okete clan while the respondent became the clan head of Ai Adoli Ogodum clan. The letter No.OKP/LGA/TC/APPT.2/Vol.1 dated 27 January, 1994 from the secretary Okpokwu Local Government Traditional Council, Okpoga, put the swearing-in ceremony of both appellant and respondent for 31 January, 1994 at 10:30 a.m. in Ochidoma’s Palace, Otukpo. There were therefore these conflicting claims as to who was appointed to what position. The learned trial Judge, E.Eko J., in his judgment given on 27 February, 1996, faced with the facts contested by the affidavits, observed as follows:

“There is some confusion about these appointments from the letters of appointment. The letter from the Office of the Adenone conveying the appointments to the parties says that they were appointed as clan heads. Its source is letter No. LGPCA/5/LAC-18/T.1/268 of 13th December, 1993 from the Office of the Director General, Deputy Governor’s Office. The same letter is the source of another letter from the OchIdoma’s Office in which the appointment conveyed to the applicant is the village head of Ai Okete – Exhibit D in the applicant’s affidavits. Is there any mischief The Ochidoma did the swearing in of the parties.”

The learned trial Judge nevertheless went ahead to make the order of permanent injunction.

The respondent appealed against the order of injunction to the Court of Appeal and raised a number of issues. He became, naturally, the appellant before the court and was so referred to in the judgment by Edozie, J.C.A. In resolving the question who as between the parties was selected to succeed to the position of clan head of Ekenobi, the learned Justice observed and held as follows:

“Referring to the two kingmakers, the learned trial Judge on page 56 lines 2 to J5, remarked quite rightly in my view, as follows:

‘I believe that both were kingmakers on 25-9-98. However, that their names appeared on these two inconsistent documents is curious. None of the counsel in their rather loquacious and circumlocutous submissions saw anything wrong. This is inspite of the numerous affidavits they put on which suggest confusion and uncertainty on their parts.

Exhibit E in the affidavit of the applicant was put in as a refutal to Exhibit A in the counter-affidavit. Yet both sides did not see the need to ask the authors of the two documents to offer any explanation. If the two documents are true then Olah Ejembi and Ekedagba Oboa must be in some sort of gimmick. I doubt I believe one side is up to some tricks’ (sic)

In resolving the conflicting claims of the parties, the learned trial Judge adverted to two other documents annexed to the respondent’s affidavits and on page 57 lines 4 to 16 said:

‘The applicant has an edge over the respondent. The Idoma Area Traditional Council in a letter dated January 26, 1994 had conveyed to the applicant the approval for his appointment as clan head of Ekenobi. That letter is Exhibit B in the applicant’s affidavit. There is also letter No. ITC72/ Vol III.741 of January 4,1995 addressed to the Adenone of the Okpokwu Local Government Traditional Council asking the addressee “to order Okpe Oche, the son of the late Chief of Ekenobi to surrender the traditional beads to Chief Gabriel Adah, the present clan head.’