Chief John Eze V. Dr. Cosmas Ikechukwu Okechukwu & Ors (2002)

LAWGLOBAL HUB Lead Judgment Report

O. UWAIFO, JSC.

When the Court of Appeal, Enugu Division, heard the appeal from the judgment of Ononiba, J., sitting at the High Court of Anambra State holden at Nnewi, the issues essentially canvassed had been narrowed down to those of law. They were two, which the appellant stated thus:

A. Was the jurisdiction of the Court to hear and determine Suit No. HN/67/88 properly ignited when it essayed to hear and determine the matter without the plaintiffs complying with pre-action notice prescribed under Section 11(2) of State Proceedings Law, Cap. 131, Vol. 4 Laws of Anambra State.

B. Had the Nnewi High Court or any Court the jurisdiction to inquire into the act of recognition of the 4th defendant/appellant by the Military Governor of Anambra State and set the same aside as void. vide Decree No. 13 of 1984 or Cap. 137, Laws of Nigeria, 1990

In the leading judgment of the court below by Salami, JCA., concurred in by Tobi, JCA., from which Akpabio, JCA., dissented, the learned Justice remarked, quite rightly, that the appellant was not contesting the decision on the merits and that the learned trial Judge had meticulously resolved the issues arising from the evidence led before him. Those issues of law set out above were determined against the appellant and his appeal was dismissed. It is pertinent to state that of the five defendants, he alone appealed.

Before this Court, the appellant has pursued those issues as issues (i) and (iii) together with another as issue (ii). All three issues are stated by the appellant as follows:

(i) Were the majority of the Justices of the Court of Appeal right when they held that Section 11(2) of the State Proceedings Law, Cap. 131, Laws of Anambra State, 1986, was a special defence and that failing to raise it in the statement of defence was fatal to the case of the appellant

(ii) Were the majority of the Justices of the Court of Appeal right when they held that the appellant as a recognised Traditional Ruler was not a public officer within the meaning of the provisions of Cap. 131 Laws of Anambra State, 1986

(iii) Does Decree No. 13 of 1984 apply only to Decrees and Edicts and does not extend to other existing laws applied by the Military Governor.

The reliefs sought at the trial by the respondents as plaintiffs against five defendants (of whom the appellant was the fourth), were six. They were, in paraphrase: (a) A declaration that the appellant was improperly recognised as the Oluoha of Ihiala Community and that the recognition was null and void; (b) A declaration that appellant was not validly declared and presented for recognition; (c) A declaration that the 1st, 2nd and 3rd defendants, (functionaries of the Government of Anambra State), were not entitled to nominate, select, appoint or present the 4th defendant as the Traditional Ruler of Ihiala; (d) A declaration that the 1st respondent was duly selected and installed as the Oluoha of Ihiala; (e) An injunction restraining the said Government functionaries from presenting a certificate of recognition of the appellant and gazetting the same as the Traditional Ruler of Ihiala; and (f) An injunction restraining the appellant from parading himself as the Traditional Ruler of Ihiala and performing the functions of the office.

The three Government functionaries who were the 1st, 2nd and 3rd defendants were the Military Governor of Anambra State, the Attorney-General of the State and the Commissioner for Special Duties in the Governor’s Office in charge of Rural Development and Chieftaincy Matters. The 5th defendant was Chief Maduegboka Onuchukwu Onyia, the head (Okpara) of one of the families that constitute the Royalty of Ihiala community. The case is all about the selection, presentation and recognition of the Oluoha of Ihiala, a traditional rulership. The 1st plaintiff claimed he was properly selected by the appropriate representatives of the families of the Okparas who joined in the action as the 2nd and 8th plaintiffs. The appellant also claimed he was duly selected and presented by the families, and in addition recognised by the Government of Anambra State.

A large body of evidence was led before the trial court, including numerous documents. One of such documents was the town or community constitution which contains a detailed statement of the customary law of the town or community regulating the selection, appointment, suspension, deposition, rights and privileges of the traditional ruler. Under Section 13(2) of the Traditional Rulers Law, Cap. 148, Laws of Anambra State (the Law), it is provided that:

Such town or community constitution after it has been fully forwarded to the Secretary to the Local Government shall not be amended unless the Governor is satisfied as to the reason for such amendment.

It is the town or community which the said Law gives the responsibility to draw up its constitution. It would appear in the present case that there was Government interference in amending the constitution of Ihiala. It was the amended version that the appellant relied on for his defence since it was under it he was selected, presented and recognised.