Herbert Ohuabunwa Emezi V. Akujobi David Osuagwu (2005)

LAWGLOBAL HUB Lead Judgment Report

AKINTAN, J.S.C.

The present appellant, as plaintiff, instituted this action at Owerri High Court as suit No. HOW/53/96 against the respondents, as defendants. The action was commenced by originating summons in which a number of declarations were sought from the court in respect of the Ezeship Constitution of Awaka Autonomous Community in Imo State. The details of his claim are as follows:-

“Let (1) The Military Administrator of Imo State Government House, Owerri, (2) The Attorney-General oflmo State of Ministry of Justice Headquarters, Owerri and (3) Akujobi David Osuagwu of Umuodu Awaka in the Owerri Judicial Division within eight days after service of this summons on him including the day of such service cause appearance to be entered for him to this summons which is issued upon the application of Herbert Ohuwuna Emezi a native of Awaka Autonomous Community Owerri and who is claiming a right to be recognised as the traditional ruler of the said community (or a kingmaker in Awaka) and whose address for service is Awaka Autonomous Community in Owerri Local Government Area of Imo State for the determination of the following questions:

1(a) Whether or not by a combined construction of the Ezeship Constitution of Awaka Autonomous Community entitled:

(1) “Laid-down procedure adopted in selection of the Chief or traditional ruler of Awaka and the procedure, the traditional manner and criteria on which future selection will be based handed over to the Chief executive of Owerri Local Government in October, 1979” and on which the identification, selection, installation and presentation to Imo State Government of late Eze Oshimiri David Osuagwu was based in accordance with Imo State Law No. 11 of 1981 exhibited to this summons; and

(ii) the “Government white paper on the report of the panel of inquiry into the tussle for the Eze stool of Awaka Autonomous Community on 3rd April, 1994” succession to the throne as traditional ruler of the Awaka Autonomous Community of Owerri Local Government Area of lmo State is rotational among the three villages of Ndegbele, Amuzi and Umuodu If it is, then

(b) Whether the Traditional Rulers, and Autonomous Communities law No. 11 of 1981 contemplates the conduct of a plebiscite by council or body set up by government to. Determine the succession pattern to, the Ezeship stool of the Awaka Autonomous Community with a view to amending the “Community Constitution” and if not, then

(c) Whether the 1st and 2nd defendants were competent to, enact that “Awaka Autonomous Community (Ezeship Stool Plebiscite) Interim Council Edict, 1995 And if not then,

2(a) A declaration that the “Awaka Autonomous Community (Ezeship Stool Plebiscite) Interim Council Edict, 1995 is void.

(b) A declaration that no person from Umuodu village of Awaka Autonomous Community is qualified to be recognized as traditional ruler to succeed Eze Oshimiri David Osuagwu (deceased) who hailed from the same Umuodu Awaka.

(c) A declaration that the 3rd defendant being a member of the family of late Eze Oshimiri David Osuagwu and as such being from the same Umuodu Awaka as himself is not qualified to, be recognized as traditional ruler of the Awaka Autonomous Community until the villages of Ndegbelu and Amuzi have each taken its due turn to produce a traditional ruler .

(d) Injunction restraining the 3rd defendant from parading himself as the Eze or “Eze-Elect” far the ‘Awaka Autonomous Community until the villagess of Ndegbelu and Amuzi have taken its due turn to produce a traditional ruler.

(e) Injunction restraining the 1st and 2nd defendants by themselves or by any person acting through or on their behalf from recognizing or taking any steps towards recognizing the 3rd defendant as Eze and traditional ruler of the Awaka Autonomous Community in the Owerri Local

Government Area of Imo State until each of the villages of Ndegbelu and Amuzi of Awaka have taken their due turn to produce a traditional ruler.