H.R.H. Eze B.N. Amanfo V. Chief Marcellinus Akpuchukwu & Anor. (2011)

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 Judgment of Imo State High Court of Justice of Oru Judicial Division holden at Mgbidi delivered on 16th day of April 2009. The Appellant was the Plaintiff in the Suit commenced by Originating Summons while the Respondents were the Defendants in the Suit.

The facts leading to this appeal are stated as follows:-

The Appellant is the Traditional Ruler of Ofekata II Autonomous Community to which the Respondents belong. The Ofekata II Autonomous Community has constitution which provides, among other things as follows:-

SECTION F: DUTIES OF EZE OFEKATA II

The Ezeoha of Ofekata II Autonomous Community shall perform all the duties contained in the Traditional Rulers and Autonomous Communities law 1981, viz

1 —————-

2——————

3 ——————

4. Shall confer Chieftaincy titles to deserving members of the Community.
5. Shall cap any new Chief within the Autonomous Community, any person who assumes a Chieftaincy title but not capped by a traditional ruler, shall not be recognized as such and shall not enroll in the Council of Chiefs in Ofekata II Autonomous Community.

6.

7.

The Respondent is a Voluntary Association with its own constitution which provides among other things as follows:-

Membership of Ubachima Chiefs Association is open but restrained to only qualified Chiefs (Eze-ikpe) who have satisfactorily completed the rites and ceremonies attached to revival of inherited Chieftaincy title or to new Chieftaincy title.

The Respondents acting under the provisions of Section 9, 11, 12, 13, 14, 15 and 16 of their Constitution conferred Chieftaincy title, meddle in prescribed and regulate on Chieftaincy matters in the Autonomous Community.