Chief Ujile Dogood Ngere & Ors V. Chief Silas Eneyo (JP) & Ors (2009)

LawGlobal-Hub Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

This is an appeal against the ruling of the All State High Court holden at Port Harcourt, All State which was delivered by Enebeli, J; on 09/10/06 in suit No PHC/2060/2005 relating to the present parties.

On19/12/2005, the 1st – 4th Respondents herein had instituted the said suit vide a writ of summons and statement of claim thereof seeking various declarations and orders of perpetual injunctions against the 1st – 4th Appellants and 5th & 6th Respondents, respectively thus:

1. A DECLARATION that by the Omagwa peace Accord as contained in a document titled COMMUNIQUE RELEASED DURING THE OBOLO NATIONAL RETREAT FOR ANDONI CHIEFS HELD AT THE INTERNATIONALAIRPORT HOTEL OMAGWA, PORT HARCOURT FROM 10TH – 13TH NOVEMBER, 2004 the apex ruling Chieftaincy body or council in Andoni Local Government Area of All State is the ANDONI CHIEFS COUNCIL.
2. A DECLARATION that the so called Andoni Traditional Rulers Council is not only moribund but also extinct by virtue of the peace accord reached at the Omagwa retreat for Andoni Chiefs held from the 10th to 13th November 2004, at the international Air-Port Hotel Omagwa, Port Harcourt.
3. AN ORDER of this Honourable Court direction or compelling the 1st, 2nd, 3rd and 4th Defendants to comply with the decision of the Andoni Chief Council contained in COMMUNIQUE RELEASED DURING THE OBOLO NATIONAL RETREAT FOR ANDONI CHIEF HELD AT THE INTERNATIONAL AIRPORT HOTEL OMAGWA, PORT HARCOURT FROM 10TH – 13TH NOVEMBER 2004.
4. AN ORDER directing or compelling the 1st, 2nd, 3rd, and 4th Defendants to- account for and transfer all monies accruing to the Andoni Chiefs Council vide the 5% Local Government allocation from November 2004 till date which the 1st, 2nd, 3rd, and 4th Defendants have had and received through account No. 116380001132 still being kept, maintained and operated by the 1st, 2nd, and 4th Defendants in Trade Bank PLC. Situated at No. 14 Azikiwe Road Port Harcourt in the name of Andoni traditional Rulers Council or any other name for management and disbursement to all Andoni Chiefs in line with the formula agreed upon by consensus in the following manner:

(i) All state Traditional Rulers Council (deducted at source)…5%

(ii) President of Andoni Chiefs Council i.e. 1st Defendant, 45%

(iii) Andoni Chief 50%.

5. An order of this Honourable court compelling the 1st to 4th Defendants to comply with the decisions reached at the Omagwa peace Retreat as contained in COMMUNIQUE RELEASED DURTNG THE OBOLO NATIONAT RETREAT FOR ANDONI CHIEF HELD AT THE INTERNATIONAL AIRPORT HOTEL OMAGWA, PORT HARCOURT FROM 10TH-13TH NOVEMBER 2004 by dissolving the former factional council called Andoni traditional Rulers Council.
6. An order of perpetual injunction restraining the all State Council of Traditional Rulers from transferring or remitting any money or cheque in respect of the 5% Local Government Allocation, accruing to Andoni chiefs to the 1st defendant or any other chief in Andoni LGA or the Andoni traditional Rulers Council or any other Chieftaincy Council established by the 1st to 4th Defendants in Andoni Local Government Area.
7. An order directing or compelling the 5th defendant to pay all monies accruing to Andoni Council of Traditional Rulers or the defendants on record personally from the 5% Local Government allocation fund due to Andoni Chief council into an interest-yielding account-in any reputable bank in State.
8. AN ORDER of perpetual injunction restraining the 6th Defendant or it Agents, Privies or servants from paying any money arising from the 5% allocation from the State Government to the 1st to 4th Defendants or any of their Agents, privies or servants or proxies aide account No. 11.63800061132 or any other account opened by 1st, 2nd and, 3rd and 4th Defendants in the 6th Defendant or any other bank in Rioers State.
9. AN ORDER OF perpetual injunction restraining the1lst to 4th Defendants from circulating any information intended to call for any meeting of the so-called Andoni Traditional Rulers Council or in the name of any other Chieftaincy institution in Ngo Town or any other Town or Community in Andoni LGA of -state or installing and or coronating any chief in Andoni L.G.A. under the aegis of the of the Andoni traditional Rulers Council or any other Chieftaincy name.

However, on their part, the 1st – 4th Respondents had in paragraph 23 of the Statement of Defence raised a preliminary objection challenging the competence of the 1st – 4th Respondents to institute the suit, on the ground that they lacked the locus standi to do so. The said paragraph 23 of the statement is to the following effect:

23. The Defendants shall further raise by way of preliminary point of law that in view of the combined effects of the provision of the Chieftaincy Edict 1978 the state Local Government (Amendment) Law No.3 of 2002 on the beneficiaries of the 5% revenues accruable to the Andoni Local Government Council and the existing final judgment of the State High Court of justice in suit No. PHC/1798/2003- His Highness Clinton N. Ogbolodom & Ors v. HRH Ujile Dogood Ngere which put and seal on adverse claims to the 5% Local Government fund, and established the sole rights of the Defendants thereto, the plaintiffs lack the standing to institute this action and or the plaintiffs claims do not disclose any reasonable or justiceable cause of action, and that the entire suit be dismissed.

By the statement of Defence thereof, the 1st- 4th Respondents equally counter-claimed and thereby praying the lower court for the following three reliefs:

(1) A DECLARATION that the persistent manipulative interference by the plaintiff under the umbrella of association called Andoni Council of Chiefs or Andoni Chief Council in the management and all matters relating to the statutory allocation to the Defendant of the Council is violating of the fundamental rights of the Defendants to Departments freedom of access to the fund.

(2) AN ORDER of perpetual injunction restraining the plaintiffs whether by themselves, agents or privies and collaborators howsoever from further interfering in all matters relating to or affecting the management, sharing or application for the Defendants statutory allocation of 5% of all revenues accruing to the Andoni Local Government Council.

(3) AN ORDER directing the plaintiffs jointing and severally to pay to the Defendants the sum of N200, 000,000.00 (Two Hundred Million Naira) only as specific and general damages.

The Appellants according filed a motion on notice dated 31/5/2006 seeking three reliefs, to wit-

1. AN ORDER setting down for determination, the preliminary point of law in paragraph 23 of the Statement of Defence filed on 13/1/2006;
2. Following upon relief 1, AN ORDER that these Honourable courts lack the jurisdiction to entertain this suit in view of the combined effects-of the provisions of the Chieftaincy Edict 1978, the state Local Government (Amendment) Law No.3 of 2002 and The Final judgment of the state High Court of justice in suit No. PHC/1798/2003- His Highness Clinton N. Ogbolodom & Ors v. HRH Ujilie Dogood Ngere.
3. AN ORDER that the Claimants/Respondents lack the locus standi to institute this suction, and or that this suit do not disclose any justiceable cause of action.

The said motion was predicted on the following seven grounds, viz:

1. That the State High Court of Justice in Suit No. PHC/1798/2003- HIS HIGHNESS CLINTON N. OGBOLODOM & 6 ORS v. HKH UJILE DOGOOD NGERE 2 ORS has interpreted the provisions of the State Chieftaincy Edict 1978 and the Rivers State Local (Amendment) Law 2002 and held that by these laws, it is only the Rivers State Government Recognised Traditional Rulers in each Local Government Area, in this case, Andoni Local Government Area are entitled to benefit from the 5% of all revenues accruable to the Local Government Council.

This judgment is in force and has not been set aside by any superior court of records in Nigeria.