H.R.H. Samuel Oluka Ejire (The Regent And Chairman, Eleme Council Of Chiefs) Vs Chief Johnson Emere Nkpornwi (JP) (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Port Harcourt Division, which allowed the respondent’s appeal and set aside the ruling of the High Court of Rivers State dismissing the respondent’s suit for lack of locus standi and lack of a reasonable cause of action.

The respondent as plaintiff instituted suit No. NHC/26/2003 at the High Court of Rivers State claiming the following reliefs:

“i. A declaration that the plaintiff is a fit, proper and qualified person/candidate to contest for the office of the One-eh-Eleme i.e. The King of Eleme Kingdom, under the Eleme native law and custom.

ii. A declaration that the plaintiff has, as required by the Eleme native law and custom, indicated and demonstrated his willingness and intention to contest as a candidate in the selection, election and installation of a new One-eh-Eleme to the defendant and the entire Eleme Kingdom.

iii. A declaration that the plaintiff has satisfied all the essential traditional pre-requisites as required by the Eleme native law and custom of a candidate selection and election etc. to the throne of the One-eh-Eleme i.e. The King of Eleme Kingdom.

iv. A declaration that the practice and procedure presently adopted by the defendants in the exercise to select, elect and install to the vacant throne of the One-eh-Eleme is highly prejudicial, discriminatory, exclusive and biased of the plaintiff and his teaming supporters.

v. An order of injunction restraining the defendants, servants, agents etc. from scheming the plaintiff out of the race as a candidate in the exercise for the selection, election and installation One-eh-Eleme i.e. The King of Eleme Kingdom.”

Due to the installation of the 1st appellant as the One-eh-Eleme, shortly after instituting the action, the respondent filed an application seeking a mandatory and restorative order to the stool and reversal of the election of the 1st appellant, pending the determination of the substantive suit.

The application was heard and dismissed by the trial court in its ruling delivered on 18th February, 2004. In dismissing the said application, the trial court held that the respondent had not fulfilled one of the necessary preconditions to contest for the position of One-eh-Eleme since by his own averments in his statement of claim, (1) one of the preconditions to contest for the stool is that a contestant must be the One Eta or Paramount Ruler of one of the ten clans making up Eleme and (2) the position of the respondent as the One-Eh-Onne (Paramount Ruler of Onne) which would have qualified him to contest for the position of One-eh-Eleme is the subject of litigation in suit no. NHC/12/2003.

It was also held that the right of the respondent to assert that he was a fit, proper and qualified person/candidate to contest for the office of the One-eh-Eleme could only arise in the future if suit no. NHC/12/2003 is decided in his favour.

Aggrieved by the dismissal of the application, the respondent appealed to the court below in appeal No. CA/PH/92/2005. The appellants on their part filed a notice of preliminary objection challenging the justiciability of the suit against the 2nd appellant herein, for not being a juristic person.

The preliminary objection was heard and upheld by the trial court. The respondent equally challenged that ruling upholding the preliminary objection before the lower court in appeal No. CA/PH/190/2005. Both appeals were consolidated, heard together and dismissed by the court below.

Meanwhile, in the suit before the trial court, the appellants filed a motion on notice which has now culminated in the instant appeal. In the said motion, the appellants sought for the following: