Eteidung Ukpong Williams & Anor V. Chief Akpan Amos Udofia & Ors (2016)

LawGlobal-Hub Lead Judgment Report

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. 

 This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State sitting at Eket Judicial Division delivered by OBOT J. on the 24th February, 2014.

The appellants were defendants in a suit initiated by the respondents which then included two other deceased family heads of Nung Oku Ekanem Village in Onna Local Government Area of Akwa Ibom State in respect of a dispute over the selection of a new Eteidung or Village Head for the said Nung Oku Ekanem Village. In the said action, the respondents/plaintiffs sought the following reliefs:

1. A declaration that the first defendant, not being a member of the ruling families of Nung Okpubak/Nung Ekpo Ituen in Nung Oku Ekanem Village is not qualified to be the Village Head (Eteidung) of Nung Oku Ekanem village and moreover as the first defendant has never been selected as the village Head (Eteidung) by the plaintiffs who are the King makers of Nung Oku Ekanem Village.

2. An order of injunction restraining the first defendant from parading himself and or acting in any manner whatsoever as the Village Head

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elect and or substantive Village- Head (Eteidung) of Nung Oku Ekanem Village in Onna Local Government Area.

3. A declaration that 8 plaintiff is the village Head (Eteidury) elect of Nung Oku Ekanem Village, having been duly selected and/or elected by 7 out of 9 members of the Nung Oku Ekanem village King Makers Council on 30th June, 2007 at the said village council hall and had duly performed the required chieftaincy rites in accordance with the custom and tradition of the said village.

4. An order of injunction restraining the 2nd defendant from interfering in any manner whatsoever in the presentation of the 8th plaintiff to the Awa Clan Council and ultimately the Onna Local Government Traditional Rulers council as the village Head Elect of Nung Oku Ekanem Village in Onna Local Government Area.

On being served with the originating processes, the two appellants/defendants had legal representation but only the 1st appellant/1st defendant joined issues with the respondents/plaintiffs via pleadings and took active steps to contest the action.

?Before the commencement of trial the appellants/defendants objected to the competence of suit but were

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overruled in a considered ruling. At trial, the respondents/plaintiffs led evidence to show that the 8th plaintiff, now 6th respondent/plaintiff, due to the demise of two of the plaintiffs in the course of the action, was from a ruling family in Nung Oku Ekanem Village and was validly selected by a majority of the King makers as the Eteidung or village Head Elect of Nung oku Ekanem Village. The case of the appellants/defendants on the other hand was that the said 8th later 6th respondent/plaintiff was not eligible to be selected as he was not from one of the ruling families in Nung Oku Ekanem Village and that the kingmakers in the said Nung Oku Ekanem were restricted to the two heads of the ruling families who had picked the 1st appellant/defendant as the Eteidung or Village Head and had presented him successfully to the Awa Clan Council as well as the Onna Local Government Traditional Rulers Council.

At the end of the trial and final addresses of counsel, the learned trial Judge in a reserved judgment delivered as aforesaid on the 24th February, 2014 found for the respondents/plaintiffs and granted their reliefs.