Eze Lambert Okoye Akuneziri V Chief P.D.C Okenwa (2000)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C. 

Chief P.D.C. Okenwa, hereinafter referred to in this judgment as the 1st respondent, was the plaintiff in Suit No. HOW/200/84 at the High Court of Imo State, holden at Owerri. In the Suit, the 1st respondent claimed against Eze Lambert Okoye Akuneziri (the appellant, in this appeal) and 1st, 2nd and 3rd respondents (defendants at the High Court) for the following reliefs:-

“(a) A declaration that the removal of the plaintiff as the traditional ruler of Ihitenensa Autonomous Community and the withdrawal of his recognition as such by Imo State Government is contrary to the Imo State Chieftaincy Law No. 22 of 1978 and the said withdrawal is therefore null and void and of no effect whatsoever.

(b) A declaration that the plaintiff is still the recognised Traditional ruler (Eze) of Ihitenensa Autonomous Community.

(c) A declaration that the subsequent recognition of Chief Lambert Okoye Akuneziri as the traditional ruler of Ihitenensa by the former Government of Imo State is contrary to Imo State Chieftaincy Edict (Law) of 1978 and Ihitenensa Chieftaincy Constitution and is therefore null and void and of no effect whatsoever.

(d) A declaration that the withdrawal of recognition of the plaintiff based on Justice Ojiako Panel’s recommendation was misconceived, irregular, unjust and unwarranted.

(e) A perpetual injunction restraining the fourth defendant from continuing to hold himself out or from acting or parading himself as the recognised Eze or Traditional Ruler of Ihitenensa Autonomous Community or from performing the function of a recognised Eze or traditional ruler set out in the traditional Rulers and Autonomous Communities Law of 1981.”

Pleadings were ordered and exchanged and issues joined went to trial before E.I.N. Nwogu, J. At the conclusion of the trial in which all the parties adduced evidence, the learned trial Judge, in a considered judgment, held as follows:

“I have carefully read the cases referred to by Counsel in their respective addresses and with respect, say that they are of no much assistance to me in deciding the issues before me. In the final analysis, I hold that the de-stooling and the withdrawal of the recognition of the plaintiff as in Exhibit’S’ is constitutional and in accordance with the Chieftaincy Law No. 22 of 1979 of Imo State.

The presentation and recognition of the 4th defendant is constitutional and proper.

The reliefs claimed by the plaintiff in paragraph 30(a),(b),(c),(d) and (e) of the further amended statement of claim must fail and are hereby refused and each of them is accordingly dismissed. Dissatisfied with the decision of the High Court, Chief P.D.C. Okenwa filed an appeal before the Court of Appeal, Port-Harcourt Division. The Court of Appeal, after re-evaluating the evidence adduced before the learned trial Judge, allowed the appeal, set aside the judgment of Nwogu J. and made the following declarations in favour of Chief P.D.C. Okenwa:

“(a) A declaration that the removal of the appellant as the Traditional Ruler of Ihitenansa Autonomous Community and the withdrawal of his recognition as such by Imo State Government is contrary to the Imo State Chieftaincy Law No. 22 of 1978 and the said withdrawal is therefore null and void and of no effect whatsoever.

(b) A declaration that the subsequent recognition of Chief Lambert Okoye Akuneziri as the traditional ruler of Ihitenensa by the former Government of Imo State is contrary to Imo State Chieftaincy Edict (Law) of 1978 and Ihitenensa Chieftaincy Constitution and is therefore null and void and of no effect.

(c) A declaration that the withdrawal of recognition of the appellant based on Justice Ojiako Panel’s recommendation was misconceived, irregular, unjust and unwarranted.