Eze (Dr) Emma Umez Eronini & Ors. V. Lady C. A. Eronini & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court Owerri Division presided over by Hon. Justice J. E. Shakarho, delivered on the 30th June, 2005 in suit No. FHC/OW/CS/128/2004. The learned trial judge granted all the reliefs sought by the Applicants/Respondents.

By a motion Ex-parte dated and filed on 13th/12/2004, the Applicants as Respondents applied to the Federal High Court for leave to apply for an order enforcing or securing the enforcement of their Fundamental Rights to peaceful assembly, association and property, Pursuant to the order of Court granted on the 24th January, 2005, the Applicants filed a motion on notice on the 3rd/2/2005 and sought for the following declaratory and injunctive reliefs:

1. A declaration that the purported proscription or banning of the Aladinma Women Organization of the Applicant by the 1st – 4th Respondents is a violation of the Applicant’s right to peaceful assembly and association and therefore unconstitutional, null and void.
2. A declaration that the 1st – 4th Respondents are not entitled to obstruct the Applicants in their construction project of a Hall at Awo Mbieri.
3. An injunction perpetually restraining the 1st – 4th Respondents from continuing to use the 5th and 6th Respondents to enforce their purported proscription order of the Aladinma Women Organization of the Applicants.
4. An injunction perpetually restraining Respondents by themselves, their servants or agents from in any form or manner further interfering with the meetings of members of Aladinma Women Organization in Awo Mbieri and/or the continuation of the construction of their Hall at Awo Mbieri.

The grounds upon which the application is brought are:

(a) By section 40 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 10 and 11 of the African Charter on Human and People’s Rights, the Applicants are entitled to freedom of association and assembly.

(b) By Section 44 of the Constitution of the Federal Republic of Nigeria 1999, the 1st – 4th Respondents are not entitled to interfere with the Applicants’ Hall Construction Project in Awo Mbieri.

The case of the Applicants’ is that the 1st – 4th Respondents allegedly banned the women organization of the Applicants, the Aladinma women Organization and which ban the 5th and 6th Respondents have been giving effect to. The Women Organization had been involved in the Construction of Town Hall in Awo Mbieri through self help efforts, The Respondents through various means tried to prevent the Women Organization from carrying on its meetings and other activities but that they could only do so by joining or registering with another association called Oganihu Women Meeting.

The 1st – 4th Respondents argued that they proscribed the Women Organization because the 1st, 2nd and 3rd Applicants were allegedly using the organization for their selfish interest and had been removed from office as they failed to organize election in accordance with Section 9(c) of the Constitution of Aladinma Women Association. They also argued that under section xi of the Awo Mbieri Progressive Union Constitution and Bye Laws as amended, the Aladinma Women Association is under the Awo Progressive Union (APU). The 1st – 4th Respondents also argued that the Women Organization have at various times opposed the selection and recognition of the 1st Respondent as the Eze of Awo Mbieri Autonomous community and because of the activities of the women Organization, it has to be proscribed.

In a considered judgment delivered on the 30th day of June, 2005, the Learned trial Judge granted all the reliefs sought by the Applicants. The Learned trial Judge held at pages 191 to 192 of the record of appeal as follows:

“On issue one, I hold that the 1st – 4th respondents are not entitled under the Constitution of the Federal Republic of Nigeria, 1999 and the Constitution of Awo Mbieri Progressive Union to proscribe the Aladinma Women Organization of Awo Mbieri consequently relief 2 (a) under the Relief sought is resolved in favour of the Applicants and it is hereby declared that the purported proscription or banning of the Aladinma Women Organization of the Applicants by the 1st – 4th Respondents is a violation of the Applicants’ right to peaceful assembly and association and therefore unconstitutional, null and void and of no effect whatsoever.

On the second issue, I hold that the purported proscription is an infringement of the fundamental rights of the applicants. Relief 2 (b) is resolved in the favour of the applicants and it is hereby declared that the 1st – 4th Respondents are not entitled to obstruct the Applicants in their construction project of a Hall at Awo Mbieri.

On issue three, I resolve same in favour of the Applicants and further make an order of injunction perpetually restraining the 1st – 4th Respondents from continuing to use the 5 & 6 respondents to enforce the illegal proscription order on the Aladinma Women Organization of the Applicants until they are properly removed from office by an order of court of competent jurisdiction in accordance with the relevant laws or bye-laws.

The respondents and more especially the 5th & 6th respondents are restrained perpetually by themselves, their agents, servants or any person acting on their behalf from in any form or manner further interfering with the meetings of members of Aladinma Women Organization in Awo Mbieri. The respondents are also restrained from interfering or obstructing of the applicants Town Hall project at Awo Mbieri.”

The Respondents now Appellants are not satisfied with the said judgment and have appealed to this Court vide a Notice of Appeal filed on the 8th July, 2005 upon two grounds of appeal. The Appellants on the 27th/2/2007 were granted leave to file Additional Grounds of Appeal. The Appellants filed two additional grounds of Appeal and abandoned the two original grounds of appeal.