Benneth N. Okere V. Prince O.d. Amadi & Ors (2005)

LAWGLOBAL HUB Lead Judgment Report

EJIWUNMI, J.S.C.

The main question that calls for determination in this appeal is, whether the appellant as opposed to the 1st respondent was properly appointed by the 2nd respondent, the Military Administrator of Imo State as the Traditional Ruler of Avu Autonomous Community in Imo State.

The proceedings in this matter arose when the 1st respondent applied at the High Court of Imo State for an order of certiorari quashing the recognition accorded to the appellant as the traditional ruler of Avu Autonomous Community in Imo State by the 2nd respondent. Pursuant to the leave granted to the 1st respondent, he filed the application on notice for judicial review of the recognition granted to the appellant by the Military Administrator. In that application, the appellant was joined as respondent with the Military Administrator, the Attorney General of Imo State and the Chairman of Owerri Local Government Council. The appellant who was the 3rd respondent filed a motion on notice praying the High Court to dismiss the application for judicial review on the ground that the 1st respondent (applicant) did not commence the proceedings within 21 days of the recognition of the appellant as the Traditional Ruler of Avu Autonomous Community by the 2nd respondent as required by section 25 of the Traditional Rulers and Autonomous Law of Imo State No. 11 of 1981. The said motion was supported by a five-paragraphed affidavit and annexed thereto as an exhibit, was the certificate of recognition of the appellant made by the 2nd respondent on 9th April, 1996.

The said documents, which are on pages 58, 59 and 60 of the printed record, are copied as follows:

” Affidavit in Support of the Motion

I, Eze Beneth Nwagbarakwe Okeke, Traditional Ruler, residing at Avu in the Owerri Local Government Area of Imo State, Nigerian citizen, do make oath and state as follows: –

1. That I am the 3rd respondent/applicant.
2. That I am the Eze and Traditional Ruler of Avu Autonomous Community in Owerri Local Government Area of Imo State duly recognized by the Military Administrator of Imo State.
3. That I was duly recognised as the Eze and Traditional Ruler of the said Avu Autonomous Community by the said Military Administrator on 9/4/96. Copy of Certificate of Recognition as Eze of Avu Autonomous Community issued to me by the said Military Administrator is annexed herewith and marked exhibit ‘A’
4. That the applicant commenced this proceeding more than twenty one (21) days after my recognition as Eze and Traditional Ruler of Avu Autonomous Community.

5.That I swear to this affidavit truly and in accordance with the Oaths Act 1990.”

“IMO STATE

GOVERNMENT OF IMO STATE OF NIGERIA

(Section 3 (1) and (2) of the Traditional Rulers and

Autonomous Communities Law, 1981)

Certificate of Recognition As Eze of Autonomous Community

I, Navy Capt., James N.J. Aneke Fss, Psc, Military Administrator of Imo State of Nigeria, by virtue of the powers conferred on me by section 9(1) and (2) of the Traditional Rulers and Autonomous Communities Law No. 11 of 1981 do hereby certify that you: Eze Benneth N. Okere, the Duru Ihekaibeya Vii of Avu Autonomous Community in the Owerri Local Government Area of Imo State, having been duly selected and presented by the people of the said Autonomous Community in accordance with the tradition and usage of that Autonomous community and the provisions of section 5, 6, 7, 8, 9 and 10 of the Traditional Rulers and Autonomous Communities Law, 1981 have accordingly been recognized by me on behalf of the Government of Imo State as the Eze and Traditional Ruler of the said Avu Autonomous Community. Given under my hand at Owerri this 9th day of April, 1996.”

The 3rd respondent upon being served with the motion and the supporting affidavit of the appellant also filed a counter-affidavit. This ten paragraphed counter-affidavit was sworn to by a Chief Sydney Uju Amadi who described himself as a Company Director, on behalf of the 3rd respondent.