Chief Christopher Arua V. Chief Fidelis I. K. Ugwu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A (Delivering the Leading Judgment)

This is an interlocutory appeal against the ruling delivered by Honourable Justice A. R. Ozoemena of the Enugu state High Court, sitting at Enugu-Ezike (hereinafter referred to as the ‘Lower Court?). The said ruling was delivered on the 10th day of May, 2010.

The substantive suit which gave birth to the ruling was instituted by the plaintiff/respondent, vide a writ of summons dated the 19th day of March, 2009 and filed on the 6th day of May, 2009 contemporaneously with the statement of claim, against the then 1st and 2nd defendants, wherein the plaintiff/respondent claims the following reliefs as reproduced below:

“(a). A declaration that an elected State Governor of a State in Nigeria have no authority and power to perform the duties and functions of the office of the Governor of a State before the subscription to the oath of office and oath of allegiance and after the expiration of his tenure of office under the 1999 Constitution of the Federal Republic of Nigeria.

(b). A declaration that the purported recognition of the 1st defendant by the Governor of Enugu State

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one year and ten months before his assumption of office is ultra vires the Governor, null, void and of no effect whatsoever.

(c). A declaration that the Enugu State Government lacks the powers under the law to ignore/disregard the findings of its own panel that the 1st defendant was not the elected/selected Igwe and traditional ruler of Ovoko Autonomous Community, and proceed to recognize the 1st defendant as the Igwe and traditional ruler of the community.

(d). A declaration that the plaintiff, having been found and confirmed as the elected/selected Igwe and traditional ruler of Ovoko Autonomous Community, by the report of the Enugu State Government investigation, is the proper person to be recognized and certificated by the Enugu State Government.

(e). An order for the recognition and certification of the plaintiff as the Igwe and traditional ruler of Ovoko Autonomous Community.

(f). An order of the Honourable Court setting aside the recognition and certification of the 1st defendant as the Igwe and traditional ruler of Ovoko Autonomous Community, and other thing done or purported to have been in pursuance thereto.

(g). An order of

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injunction restraining the 1st defendant from performing or continuing to perform any of the functions and duties of the Igwe and traditional ruler of Ovoko Autonomous Community and enjoying any rights or privileges attached to the said exalted office.”