His Royal Highness Ofem Inyang & Ors V. Francis Ewo Arikpo & Ors (2016)

LawGlobal-Hub Lead Judgment Report

ONYEKACHI AJA OTISI, J.C.A. 

This appeal is brought against the ruling of the High Court of Cross River State of Nigeria, Ugep Judicial Division, Ugep, presided over by Honourable Justice Effiom Eyo Ita delivered on July 8, 2013, wherein the case of the Appellants was dismissed.

The Appellants are Clan and village Heads of Kaboli, Okorn, Kekowa, Kekowa II, Kobu, Okatum, Likpankol, Ekpen, Yitamitan and Osedom respectively of Kekowa, Idomi, Yakurr Local Government Area of Cross River State, Nigeria. The 1st 5th Respondents are all natives of Epono Community or Village in Kaboli Clan of Idomi in Yakurr Local Government Area of Cross River State. Until Epono was recognized as a distinct Village by the Cross River State Clans Creation Law of 1996, it was an integral part of Kekowa Village or Community. with the passage of the said 1996 Clans Creation Law, Kekowa and Epono became distinct Villages. Despite that statutory approval of Epono as a village, the people of Kekowa still sought to control the people of Epono in various ways, leading to a feeling of subjugation. Feeling aggrieved, the Epono

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Village Council on behalf of the Epono people began to assert their autonomy outside Kekowa. This became a source of tussle over the years between Kekowa and Epono. The people of Epono in furtherance of their assertion of self-existence as a village community, upon the right vested by the Cross River State Clans Creation Law of 1996 on them, took action in the Idomi/Agoi Ibami/Itu Agoi District Court in Suit No. IAI/16/08, which judgment affirmed that the Epono Community was entitled to exist and does exist as an Autonomous community, separate and distinct from the Kekowa community. The Appellants subsequently brought action before the lower Court, complaining about the infringement of their powers and responsibilities as Clan Heads and Village Heads by the 1st – 5th Respondents, and seeking the following reliefs:
i. A Declaration that the entity known as “Epono Autonomous Community, Kekowa of ldomi”, Yakurr Local Government Area of Cross River State of Nigeria is not enumerated or listed as a Traditional Village or Clan in the Cross River State of Nigeria.
ii. A Declaration that “Epono Autonomous Community, Kekowa of Idomi”, Yakurr Local Government

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Area of Cross River State of Nigeria is an illegal entity which is not known to Law.
iii. A Declaration that by a true interpretation and construction of Section 1 of the Traditional Rulers Law, Cap. T4, Laws of Cross River State of Nigeria (supra), the 1st Defendant is not a Village or Clan Head as contemplated or envisaged by the Traditional Rulers Law, supra.
iv. A Declaration that the 2nd, 3rd and 4th Defendants are not Village or Clan Heads as contemplated or envisaged by the provisions of the Traditional Rulers Law, Cap 74, Laws of Cross River State of Nigeria (supra).
v. A Declaration that the 5th Defendant as the Village Head of Epono Village, Idomi, Yakurr Local Government Area of Cross River State of Nigeria cannot subsume or abdicate his duties, responsibilities, privileges, power, functions and or authority under the canopy of the supposed Epono Autonomous Community, Kekowa.
vi. A Declaration that it is unlawful for the 1st Defendant to continue to parade or present or hold out or masquerade as the “Leader or Village or Clan Head or Traditional Ruler” of the supposed “Epono Autonomous Community, Kekowa of Idomi”, Yekuru Local

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Government Area of Cross River State of Nigeria.
vii. A Declaration that the Order or Directive to the People or Residents of the supposed “Epono Autonomous Community, Kekowa, Idomi” by the 1st – 5th Defendants that they should not contribute or participate in communal labour or community projects in the Clan of Kaboli and Villages of Osedom, Kekowa, Kekowa II; Ekpen, Yitamitan, Okom and Kobu respectively is illegal, wrongful and constitutes an infraction of Section 16 of the Traditional Rulers Law, Cap. T4, Laws of the Cross River State of Nigeria (supra).
viii. An Order of Perpetual Injunction restraining the 1st ? 5th Defendant including their servants, agents, cohorts and privies from running or administering the affairs of the supposed “Epono Autonomous Community of Idomi,” Yakurr Local Government Area of Cross River State of Nigeria under any guise.
ix. An Order of Perpetual Injunction restraining the 1st- 5th Defendant including their Servants, Agents, Cohorts and or Privies from meddling or interfering or intruding into the functions or powers or privileges or rights or responsibilities or authority of the 1st Claimant as Clan Head

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of Kaboli; 2nd Claimant as Village Head of Kekowa and Obol Kepon of Kekowa Paternal Family of ldomi and 3rd Claimant as Village Head of Ekpen; the 4th Claimant as the Village Head of Okatum; the. 5th Claimant as the Village Head of Likpankol; the 6th Claimant as the Village Head of Osedom; the 7th Claimant as the Village Head of Okorn and the 8th Claimant as the Village Head of Yitamitan respectively under the canopy or guise of running the affairs of the supposed “Epono Autonomous Community, Kekowa “.
x. An Order of Perpetual Injunction restraining the 2nd Defendant including his Agents, Servants, Cohorts and or Privies from interfering or meddling or usurping the function, responsibilities, powers and authority of the 1st Claimant as the Village Head of Kekowa & Clan head of Kaboli Clan in Idomi, Yakurr Local Government Area under the guise or cloak of being the Leader of the supposed “Epono Autonomous Community, Kekowa”, Idomi, Yakurr Local Government Area of Cross River State of Nigeria.
xi. An Order of Mandatory Injunction directing the Attorney-General of Cross River State of Nigeria to commence prosecution of the 1st ? 5th

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Defendants for running or administering the affairs of the supposed “Epono Autonomous Community of Idomi”, Yakurr Local Government Area of Cross River State of Nigeria which is not listed as a Traditional Village or Clan in Cross River State of Nigeria under the provision of Section 37 of the Traditional Rulers Law, Cap. T4, Law of the Cross River State (supra).
xii. General Damages of N5 Million against the 1st ? 5th Defendants for the hardship, discomfort, distress, trauma and damages occasioned to the Claimants.
xiii. Any further Order (s) as the Court may deem fit and proper to make in the circumstances of this case.

Upon service on the Respondents of the Appellants’ originating processes, the 1st – 5th Respondents filed their Statement of Defence wherein they raised legal questions with a notice that they may have the issues heard and determined before or at the trial. The 1st – 5th Respondents then brought an application on October 4, 2012 to dismiss the Appellants’ action. The trial Court heard arguments on the application and dismissed the action on the ground that it was statute barred and that it was caught up by estoppel per rem