Chief Nnamuzie Obi & Ors V. Ben Ilokwu Okeke (2008)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA, J.C.A.

At the High Court of Justice, Ihiala in the Ihiala Judicial Division of Anambra State of Nigeria, the Appellants as Plaintiffs claimed against the Respondent as defendant as follows:

(a) A declaration that the defendant is not the rightful person to be installed the Igwe of the Okija Community and his conduct of parading himself as the traditional ruler of Okija is contrary to the Okija Chieftaincy Constitution and code of conduct (Revised and Amended 1994) and contrary to the traditional rulers Law No 14 of 1981.

(b) A declaration that the Okija Chieftaincy Constitution and code of conduct (Revised and Amended 1994) is the operational document which binds the defendant and any other contestant for the traditional rulership of Okija.

(c) A declaration that the condition precedent for the selection of a new traditional ruler of Okija has not been fulfilled to enable the defendant or anyone interested in the traditional Rulership to be installed or parade himself as the traditional ruler of Okija.

(d) An order that the defendant is not the right person to be installed the Igwe of Okija Community and his conduct of parading himself as the traditional ruler of Okija is contrary to Okija Chieftaincy Constitution and code of conduct (Revised and Amended 1994) and contrary to the Traditional Rulers Law No 14 of 1981

(e) An order that the Okija Chieftaincy Constitution and the code of conduct (Revised and Amended 1994) is the operational document which binds the defendant and any other contestant for the traditional rulership of Okija

(f) An order that the condition precedent for the selection of a new traditional ruler of Okija has not been fulfilled to enable the defendant or anyone interested in the traditional rulership to be installed to parade himself as the traditional ruler of Okija.

(g) An order that the Quarter or kindred unit presently in Okija who can present a member or their nominee is the Uhuobo na Uhuowelle Quarter or Kindred unit of the 2nd and 3rd plaintiffs.

(h) An order of injunction restraining the defendant aided by his agents, servants, privies and otherwise from parading himself as the traditional ruler of Okija and from wearing the regalia of such traditional ruler and performing functions of the traditional ruler of Okija.

Pleadings were filed and exchanged between the parties and the matter went on to be heard but not before the former Judge handling the matter Nzegwu J. had made an order for accelerated hearing for the 21st, 28th September and 7th October 2004. The said order was made on the 22nd July 2004. From available records, the new Judge to whom this matter was assigned Nwankwo J, on the 14th November 2005 made a further order for accelerated hearing of this Suit and fixed hearing of the Suit to the 5th and 8th December 2005 as well as the 24th, 26th and 30th January 2006. Hearing however commenced on the 8th December 2005 with the evidence of P.W.1 Chief Nnamuzie Obi being taken. In the course of that evidence Plaintiff/Appellant’s counsel sought to tender a document a piece of an advertisement and the Defendants/Respondent’s counsel objected to its admissibility. Arguments were taken on the objection and the learned trial Judge Nwankwo .J ruled as follows at page 85 of the Record of Appeal, “Ruling on this objection is deferred till Judgment so as to move the case forward. Meanwhile the document is to be marked “DR 1″ in the interest of Justice.” P.W. 1 continued with his evidence in the course of which another document – a copy of the Igwe and Igwe’s Solicitor’s letter to the Anambra State Government was sought to be tendered as an exhibit by the Plaintiff/Appellant’s Solicitor. Objection was taken to the admissibility of this document as an exhibit and arguments on the objection were taken by both counsel and the learned trial Judge ruled on this objection at page 86 of the Record of Appeal as follows, “Ruling on this objection is Reserved or Deferred till Judgment so as to move this case forward. Meanwhile this document is to be marked “RR 2″ in the interest of Justice.” The fact that the Learned trial Judge Nwankwo .J failed to deliver his ruling on these objections has given rise to this appeal. The Appellants Notice of Appeal is dated the 15th December 2005 and filed same day and can be found on pages 88 – 90 of the Record of Appeal. For ease of reference it is reproduced in its entirety below:

NOTICE OF APPEAL

1. TAKE NOTICE that the Plaintiffs/Appellants dissatisfied with the decision of the High Court of Ihiala sitting at Ihiala contained in the ruling of Hon. Justice Nwankwo dated 8th day of December, 2005 doth hereby appeal to the Court of Appeal upon the ground set out in paragraph 3 and will at the hearing of the Appeal seek the relief set out in paragraph 4.
2. And further state that the names and addresses of persons directly affected by the Appeal are set down in paragraph 5.

THE WHOLE DECISION

3. GROUNDS OF APPEAL
4. ERROR IN LAW

The Learned Trial Judge erred in law by failing to rule on the admissibility of two documents sought to be tendered as Exhibits by the Plaintiffs/Appellants, rather ordered that the documents be endorsed as RRI and RR2 pending final judgment, which endorsements are not exhibits or for identification, are unknown to any law and the EVIDENCE ACT CAP.112 LAWS OF THE FEDERATION OF NIGERIA, 1990.