Chief Edmund Obi V. Chikezie Uzoewulu (2008)

LawGlobal-Hub Lead Judgment Report

MOHAMMED L. TSAMIYA, J.C.A.

This is yet another of the recurring litigation over chieftaincy dispute in Anambra State in the South-Eastern part of this Country.

This appeal originated from the dispute as to the person entitled to occupy, after the incumbent Isi-obi, the stool of Isi-Obi of Nsunano/Ezekwuabo village in Otolo Quarters, in Nnewi town, Nnewi North Local Government Area of Anambra State.

On the 28th December 1995, the plaintiff (herein referred to as ‘the appellant’) issued a writ of summon against the defendant (herein referred to as ‘the respondent’) in the Anambra State High Court (herein referred to as ‘the trial Court) sitting in Nnewi Judicial Division, claiming Declaratory reliefs and Injunctions against the eligibility of the respondent’s family to the office of Isi-Obi of Ezekwuabo.

Pleadings were ordered. The appellant filed his statement of claim which was later amended with the leave of the trial Court. The respondent also filed his own statement of defence and counter-claim which was replied by the appellant.

On receipt of the amended statement of claim the respondent also amended his statement of defence and counter claim upon which the appellant filed his amended reply to the defence and counter-claim. It follows that at the close of pleadings, the parties joined issues, the appellant’s claim is, as postulated in his amended statement of claim and on the other hand, the respondent relied upon his amended statement of defence and counter-claim.

The reliefs sought by the appellant is as per his amended statement of claim set out below:

(1) A DECLARATION that the defendant and his members of Dim Onyenagolum family are not entitled and cannot occupy the Obiship of Umui – Ikeogu/Ezekwuabo/Nsunnano

(2) A DECLARATION that the plaintiff is by the Nnewi native law and custom of paterlineal inheritance, the person solely entitled to occupy the stool of Isi Obiship of Nsunano/Ezekwuabo Village in Otolo quarter, in Nnewi Town.

(3) A DECLARATION THAT the plaintiff is the recognized and incumbent Isi-Obi of Nsunano/Ezekwuabo village in Otolo quarter of Nnewi Town and that the attempt by the defendant to constitute himself a rival/parallel Isi Obi of Ezekwuabo Village and/or so parades himself, is contrary to Nnewi custom and therefore is illegal and unlawful.

(4) AN INJUCTION restraining the defendant, his servants, agents privies, associates or workmen from breaching the custom of the Nnewi Town by constituting himself a parallel Isi-Obi of Umu-Ikeogu/Nsunano/Ezekwuabo Village or in any manner whatsoever parade himself or lay claim to the said stool of Isi Obi Umu-Ikeogu/Nsunano Ezekwuabo Village or do any act or perform any function directly or indirectly bearing or touching on the Isi Obiship of Umu-Ikeogu/Nsunano Ezekwuabo Village..

In proof of his claim and to justify grant of the reliefs sought, the appellant testified on his own behalf and called one witness. The respondent did not testify but called two witnesses. The third witness was Igwe Orizi III of Nnewi, who instead sent his Special Assistance to represent him in Court and gave evidence on his behalf. Some documents were also tendered and admitted as Exhibits in the course of the trial.

For the Plaintiff appellant his case is that, Ezekwuabo established an Obiship known as Isi-Obi. Under Nnewi Customary Law, inheritance to the stool of Isi-Obiship is paterilineal. When – Ezekwuabo died his stool was inherited by his first son called Ezeomu. The stool remained and continued in Ezeomu lineage following the same custom of paterilineal inheritance until came to a descendant of Ezeomu known as Dibia-Agu. While he was the Isi-Obi of Ezekwuabo village, the said village was faced with series of wars with it’s neighbours. The then Obi could not control the situation, so he handed over the mantle of Obiship to one of the descendants of Ezekwuabo called Ezekpo who was a great warrior and strategist, to lead the people in the war. Since then the title of Isi-Obi Ezekwuabo remained in the lineage of Ezekpo. The plaintiff/appellant is a descendant of Ezekpo and is the present incumbent of Isi-Obi of Ezekwuabo. The defendant/respondent who is claiming the title is not even a descendant of Ezekwuabo family because his ancestor called Dim-onyenagolum was brought into the Ezekwuabo family called Dim-Mbaniogu. The said Dim-Onyenagolum became assimilated into Ezekwuabo village. That the plaintiff/appellant has no blood relationship with the defendant/respondent. The defendant/respondent continues to claim the office of Isi-Obi of Ezekwuabo, hence the plaintiff/appellant took out this action.

To the defendant/respondent, he descended from the same great ancestor Ezekwuabo just like the plaintiff/appellant. The ancestor begat Ikeogu and other sons. Ikeogu in turn begat Dim-onyenagolum, the ancestor of the defendant/respondent and Dim-Ughanwa was the ancestor of the plaintiff/appellant. The first son of Ezekwuabo was Ezeomu who died during the life time of his father Ezekwuabo. Ikeogu, therefore, became the Okpala and successor to the office of Isi-Obi of Ezekwuabo when Ezekwuabo died.