Engineer Daniel Enwereuzor & Anor V. Thompson Obiefule Anumudu & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A.: (Delivering the leading Judgment)

This is an appeal against the Ruling of the Imo State High Court sitting at Owerri delivered on the 10th January 2005 dismissing the Appellants’ application to dismiss the Suit filed by the Plaintiffs on the grounds that the lower Court lacks Jurisdiction to entertain the Suit, that the Suit discloses no cause of action, that the Plaintiffs lack the locus standi to bring the action.

The facts leading to this appeal as can be gathered from the record of proceedings before the Court are thus:-

The Plaintiffs (now 1st and 2nd Respondents) commenced an action at the Owerri High Court seeking the following declaratory reliefs:

I. That the 1st Plaintiff who is from Aboha Ohii is a person entitled under the native law and custom of Ohii and under the Imo State of Nigeria Traditional Rulers and Autonomous Communities law 1999 to be the Eze of Ohii autonomous Community.

II. Declaration of the Court that Aboha village being the most senior of the six villages in Ohii which fact is unchallenged from time immemorial is the rightful village to produce the 1st Eze for the Autonomous Community so long she has a candidate qualified to occupy the position.

III. Declaration of the Court that since the 1st Plaintiff has been selected, elected or nominated from his village screened and found proper and fit for the position, the Ohii Development Union and Ohii in general should present him to the Local Government Transition Committee Chairman for onward presentation to Government for recognition and issuance of staff of office as against the 1st Defendant who hails Ohuohi village the 5th in order of seniority.

IV. Declaration of the Court nullifying the purported adoption of 1st Defendant as improper, unconstitutional and illegal.

V. An Order of Court nullifying the adoption of 1st Defendant as Eze elect.

VI. Declaration of the Court that the adoption of 1st Defendant as Eze elect is not in accordance with the selection instrument of Ezeship Election/Selection in Ohii Autonomous Community and offends virtually all the sections in particular section 2.4 (ix) and section 3.3 (1).

The parties filed and exchanged pleadings, it is the case of the Plaintiffs that the 1st Plaintiff who came from Aboha village Ohii was selected and presented to Ohii Development Union as the candidate to occupy the Ezeship Stool of the Community. And that by native law and custom of the said Community the 1st Plaintiff to be Eze of the said Community. The Defendant (now Appellants) denied the allegations made by the Plaintiffs and in their Statement of Defence challenge the Jurisdiction of the lower Court on the grounds set out in paragraph 3 of the Statement of Defence. It is undisputed that as at the time the plaintiffs (now Respondents) filed their action the Governor of Imo State had not recognized anyone as the Traditional Ruler of the said community.

The lower Court took Objections and after arguments of Counsel dismissed the Objections. Dissatisfied with the decision of the lower Court, the Appellants appealed against same to this Court.

The appeal was heard on 11th October 2010 and in line with the Rules and Practice of this Court, the parties duly filed respective Brief’s of Argument.

Counsel to the Appellants Mr. K. Anyanwu Ebere informed the Court that the Appellant brief of argument is dated 9th July 2007 and deemed filed on 21st April 2008. Counsel adopted the brief of argument and urged the Court to allow the appeal.