Chief Akujobi David Osuagwu V. Chief Charles Emezi & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Imo State High Court sitting in Owerri in Suit No. HOW/199/99 delivered on the 29th June, 2007 by Hon. Justice P. C. Onumajuru – Chief Judge wherein his Lordship upheld the claim of the plaintiff (now 1st respondent). A brief facts of this case will suffice.

By an amended statement of claim, the 1st respondent (substituted by order of court) claimed as plaintiff against the appellant, as 4th defendant in the court below as follows:

“(a) A declaration of the Honourable Court that the purported recognition accorded to the 4th defendant by the 1st defendant on the advice of the 3rd defendant is unlawful, and ultra vires the 1st defendant.

(b) A declaration of the Honourable Court that the document titled “Laid – down procedure adopted in selecting the Chief or Traditional Ruler of Awaka and the procedure, the Traditional manner and criteria of which further election will be based” and which was used to identify, select, appoint and install EZE OSIMIRI DAVID OSUAGWU is the Constitution of Awaka Autonomous Community on the subject of Ezeship stool and the same had not been validly amended and cannot be so amended without the consent and approval of Ndegbelu Awaka people who have a vested interest under the document to produce the next Traditional Ruler of Awaka immediately after the demise of EZE OSIMIRI DAVID OSUAGWU.

(c) A declaration of the Honourable Court that the purported recognition accorded to the 4th defendant as the Traditional Ruler of Awaka Autonomous Community was done unlawfully at the instigation of the 3rd defendant and without the necessary legal advise.

(d) A declaration of the Honourable Court that the purported recognition given to the 4th defendant as the Traditional Ruler of Awaka Autonomous when there are pending in the courts, litigations touching on the matter is an abuse of executive power, and amounts to executive contempt of the court and therefore unlawful.

(e) A declaration of the Honourable Court that the plaintiff on record having been identified, selected, appointed and presented in accordance with the relevant provisions of the Traditional Rulers and Autonomous Communities Law No.11 of 1981 as amended is the right person to be accorded recognition as the Traditional Ruler of Awaka Autonomous Community.”

At the hearing, the 1st respondent testified that he brought this suit in a representative capacity for himself and the people of Ndegbelu Village of Awaka. In 1979 Awaka Community was formally recognized as an autonomous community and asked to produce a traditional ruler for recognition by the government of Imo State. Since the community had no traditional ruler before 1979, it held several meetings for the purpose. At one of such meetings it mandated the “Oha Awaka” (i.e., the elders of Awaka) to advice on the matter. It was decided that Umuodu village Awaka be given the first slot in the new dispensation on the basis of a rotatory system. Umuodu was then requested to produce two candidates out of which one was to be selected by the community. At a subsequent meeting two candidates Oshimiri David Osuagwu and Sydney Osuji were produce by Umuodu village.

The community then set up a 15 member chieftaincy screening committee and charged it with the responsibility of screening the two candidates and drawing up a chieftaincy document by which traditional rulers would be identified and selected for the community. The community produced a chieftaincy constitution Exhibit “A” on the basis of rotational system and recommended Oshimiri David Osuagwu who was the appellant’s uncle as the candidate for the stool. He was adopted and presented to government for recognition. The order of rotation was agreed to be Ndegbelu, Amuzi and Umuodu. Eze Oshimiri David Osuagwu was recognized by government.

Upon the death of Eze Oshimiri David Osuagwu and after the second burial, it became the turn of Ndegbelu village to produce a successor. Three candidates namely Ama Njoku, Opara Igbokwe, and the plaintiff were produced by that village and the respondent was chosen.

There was a tussle and disaffection in Awaka Community following which government set up a panel of inquiry into the Ezeship tussle. The panel submitted its report and a white paper, Exhibit “K” was issued stating that traditional rulership in Awaka was rotatory. After the white paper, there was still disaffection and unrest in the Awaka Community. Consequently, after the white paper, government set up a committee to conduct a plebiscite to determine the wishes of the people on the mode of selection of a traditional ruler.

Not being satisfied with the decision of government to set-up the committee on plebiscite, the 1st respondent took out an action in court in HOW/13M/96 – Exhibit “B” and obtained an interim order in Exhibit “C” which order was said to have been served on the parties in that action as shown in “Exhibits D, D1”. The 1st respondent stated that the uproar and confusion created during the proceedings of the plebiscite committee led to the abandonment of the exercise.

The 1st respondent also stated he took out a personal action in suit No. HOW/53/96 and obtained judgment in Exhibit “E” which judgment was set-aside by the Court of Appeal as a result of which he appealed to the Supreme Court as shown in Exhibits “F” and “G”. The 1st respondent stated himself and Ama Njoku appeared before the screening committee and that he was selected and presented to government for recognition.