Chief Thomas Ames Nteile & Ors V. Hon. Harry John Etukuro & Ors (2016)

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PAUL OBI ELECHI, J.C.A.

This is an appeal against the final Judgment of the High Court of Akwa Ibom State holden at Mkpat Enin per Justice Edem Akpan which said Judgment was delivered on the 28/3/2013 dismissing the claims and reliefs sought by the Appellants.

Being dissatisfied, the Appellants have brought this appeal challenging the decision of the Lower Court.

?The Appellants on the 14/9/2011 instituted this suit (AME/16/2011) against the Respondents at the High Court of Akwa Ibom State. Their claims are:
(1) For a declaration that the 1st Appellant is the duly selected village head of Elile village in Eastern Obolo Local Government Area, Akwa Ibom State.
(2) A declaration that the 1st Respondent was never selected and duly presented to the 2nd Respondent as the village head of Elile village.
(3) A declaration that the issuance of certificate of recognition to the 1st Respondent as the village head of Elile village by the 4th Respondent is void and of no effect.
(4) An Order for perpetual injunction restraining the 1st Respondent from holding out or parading himself as

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the village head of Elile village and
(5) An Order compelling the 4th Respondent to issue a certificate of recognition to the 1st Appellant as the duly selected village head of Elile.

At the end of trial, the Learned trial Judge found as a fact and in compliance with the Custom-Tradition and the Law that the 1st Respondent was duly selected as the village head of Elile village, Eastern Obolo Local Government Area in 1995 during the burial ceremony of late Peter Aquan. Consequently, the Appellant’s case was dismissed with N50,000.00 cost in favour of the 1st Respondent.

From the 4 grounds of Appeal, the Appellants distilled two issues for determination viz:
(1) Whether the Learned trial Judge was right in finding and holding that the Appellants Reply to the 1st Respondent’s statement of claim was inchoate and incompetent and proceeded to expunge it for want of written statement on Oath accompanying it.
(2) Whether the Learned trial Judge was right when he held that it appears to him that the 1st Respondent was selected in accordance with the Law and custom as the village head of Elile.

In arguing issue No. 1 above, it is Learned

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Appellants’ submission that the Learned trial Judge gave an erroneous construction and/or interpretation of Order 18 Rule 1 of the Akwa Ibom State High Court (Civil Procedure) Rules 2009 which lured him to refuse to make use of Exhibit 3 in the suit which accompanied the Appellant’s Reply to the 1st Respondent statement of defence, thereby occasioning a miscarriage of justice. The said Exhibit 3 is the funeral programme of one late Nehemiah A. Timothy, a brother to the 1st Respondent where in the 1st Respondent was mistakenly described as a member of Isibok family as against his own claim that he hails from Etetor Royal House. On this ground, he is now laying claim to the village headship of Elile which is said to be the exclusive preserve of the Royal family, Etetor Royal House to which the 1st Respondent is but a grandson. He further submitted that if the Learned trial Judge had considered Exhibit 3, he could have arrived at a different verdict. See FATB LTD. v. PARTNERSHIP COMPANY LTD. (2004) FWLR (Pt. 192) 167. As a result, he urged the Court of Appeal to take up the evaluation of the evidence of the parties and exhibits and accord them their probative

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value which the Lower Court failed to do. See EMENEGOR v. THE STATE (2010) All FWLR (Pt. 511) 884 at 897. He then urged the Court to resolve this issue in their favour and allow the appeal.

On Issue No. 2 which is:
“Whether the Learned trial Judge was right when he held that it appears to him that the 1st Respondent was selected in accordance with the Law and custom as the village head.”