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

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

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