Chief Ujile D. Ngere & Ors v. Chief Job William Okuruket ”xiv” & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal holden at Port Harcourt in appeal No. CA/PH/240/2007, delivered on the 1st day of June, 2011 wherein the court below allowed the appeal of the present respondents (as appellants) and set aside the decision of the trial High Court of Rivers State. The facts giving birth to this appeal are as stated hereunder.

At the Rivers State High Court, the respondents as plaintiffs claimed the following:

1. “A declaration that the chieftaincy stool of Okan-Ama of Ngo town exists as the known traditional title.
2. A declaration that the Okan-Ama of Ngo is the Paramount Ruler of Ngo town in Andoni Opobo Local Government Area of Rivers State of Nigeria.
3. A declaration that under the native law, custom and tradition of the people of Ngo town, the stool of Okan-Ama Ngo inures to the Uwuile Royal House of the plaintiffs and is occupied from generation to generation by incumbents chosen from the said Royal house.
4. A declaration that as between the plaintiffs Uwuile Royal house and the Defendants Ngere family, the plaintiffs Uwuile House is the Royal House.
5. A declaration that the 1st plaintiff is the rightful Okan-Ama Ngo having been chosen as such from the Uwuile Royal House of Ngo.
6. Perpetual injunction restraining the defendants, their privies, proxies, nominees or members from laying any further claim to the stool of okan-ama of Ngo.”

The trial court ordered parties to file and exchange pleadings and same was complied with.

As can be gleaned from the record, the plaintiffs cause of action is alleged to have arisen pursuant to a letter dated 27th June, 1986 written by Chief Harry Ngere, the 4th defendants predecessor (1st appellant herein) to the Divisional Police Officer Nigeria Police, Bonny wherein the said Chief Harry Ngere referred to himself as the Okan-Ama Ngo.

It is the respondents case that Chief Ngere who was conferred the chieftaincy title of Ngo 2nd class by the Rivers State Government under the Chieftaincy Law Cap. 25, Laws of Rivers State of Nigeria, 1978, should have limited himself to that title which is separate and distinct from the Okan-Ama of Ngo, an exclusive preserve of the 1st plaintiff and the Uwuile Ruling House.

The 1st plaintiff, Chief Job William Okuruket xiv, from the claimants further amended statement of claim, is the Okan-Ama of Ngo town and is so recognized by the Ngo town council of chiefs, Ngo clan council of chiefs and the Andoni District Council of Chiefs. It is plaintiffs’ further case that the chieftaincy title of Ngo 2nd class conferred on Chief Harry Ngere is a creation of statute and has no nexus with the traditional stool of Okam-Ama Ngo under native law and custom of the people of Ngo town.

The Uwuile Royal House of Ngo town, the plaintiffs further aver, is the sole repository of the Okan-Ama Ngo title and stool having founded the town, stool and title.

The defendants, who are appellants herein, from their further and better amended statement of defence and rejoinder to plaintiffs reply, contradict the plaintiffs claim, asserting that the Uwuile Royal House does not exist and that the 1st plaintiff, like his father before him, is a mere family chief of Okuruket House laying a false claim to the Okan-Ama Ngo title.

It is their case that the 2nd class chieftaincy title conferred on the late chief Harry Ngere entitles them to appropriate to themselves the traditional title of Okan-Ama Ngo. The 4th defendant, (1st appellant herein) the incumbent on the stool, they further assert, lawfully succeeded Chief Ngere on the later’s death.

The traditional chieftaincy stool of Okan-Ama Ngo, contrary to plaintiffs’ claim, is the exclusive right of the defendants Eqweoke Royal Family and not that of Uwuile family.

The action is fought and defended in representative capacities. The plaintiffs relied on four witnesses in establishing their case while the defendants who did not counter-claim relied on two witnesses in stating their own case.

At the end of trial, the learned trial Judge set down two questions to which he considered necessary for the determination of the controversy between the parties. The two questions are:

(i) Whether the Okan-Ama Ngo is the Paramount Ruler of Ngo town and means the same as village head.