Chief Amadi-dike-ogu & Ors V. Owhonda Frank Amadi & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

By a Motion on Notice dated May 21, 2018 brought pursuant to Order 2 Rule 12 (1) of the Supreme Court Rules (as Amended in 1999) and under the inherent Jurisdiction of this Court, the Appellants/Applicants approached this Court seeking the following Orders:

“1) An Order of this Honourable Court granting the Appellants/Applicants leave to adduce further evidence at the hearing of this appeal, to wit: the production of a certified true copy of the 1928-1931 Intelligence Report on the Obia Clan, Ikwerre Tribe, Ahoada Division by the Southern Provinces of British Colonial Government, CTC of which was obtained from the Nigerian National Archives.

2) An Order of this Honourable Court deeming the said 1928-1931 Intelligence Report on the Obia Ikwerre Tribe, Ahoada Division by the Southern Provinces of British Colonial Government duly certified by the Nigerian National Archives and attached herewith as EXHIBIT A, as properly received in evidence.

3) And for such further or other Order(s) this Honourable Court may deem fit to make in the circumstances.”

The Appellants/Applicants premised their

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application on 8 grounds, as follows:

“1) That both Appellants and Respondents are in agreement that the EBERA or OROEBARA Group (otherwise known as ORAZI or the RUMUORAZI Group) has always produced the head of Rumueme. The common ground of disagreement has been; which branch in Ebara (Oroazi) group has been producing the head of Rumueme to wit: is it Nyenweli Nsirim, who heads the Appellants’ Rumueme Council of Chiefs or the 8th Respondent (Ohahuru Samuel Akaninwo) who head the Respondents’ Rumueme Council of Chiefs, Elders and Owhor holders.

2) That this core issue is answered conclusively by the document sought to be produced and received as further evidence in this appeal to with: the 1928-1931 Intelligence Report on the Obia Clan, Ikwerre Tribe, Ahoada Division by the Southern Provinces of British Colonial Government, a pre-independence Intelligence Report of British Government.

3) That the existence of the said document (i.e. the 1928-1931 Intelligence Report on the Obia Clan, Ikwerre Tribe, Ahoada Division by the Southern Provinces of British Colonial Government), was not known to the Appellants/Applicants’ until 28th July, 2010 when the

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Appellant/Applicants’ new Counsel stumble on it while undertaking research on another subject the Nigerian National Archives, Ibadan.

4) That this colonial document (an independent and unbiased Intelligence Report of the Colonial Government) is credible, reliable and capable of being believed.