His Royal Majesty Igwe L.G.U. Odukwe V. Nnanyelugo Alfred Nnaemeka Ugochukwu Achebe Mni (Alias Obi of Onitsha) & Ors (2007)

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BADA, J.C.A.

This is an appeal against the Judgment of an Onitsha High Court in Anambra State of Nigeria which was delivered on the 3rd day of February, 2006 in suit No. 0/237/2005: His Royal Majesty, Igwe L.G.U. Odukwe And Nnanyelugo Alfred Nnaemeka Ugochukwu Achebe Mni (Alias Obi of Onitsha) & 3 others.

By a claim endorsed on the originating summons, the appellant claimed against the defendants jointly and severally as follows:-

(a) A declaration that the only means and way of according recognition of the Government of Anambra State of Nigeria to a Traditional Ruler within the meaning and con of the Traditional Ruler’s Law of Anambra State, 1981 as amended up to 1994, is by first and foremost publishing such fact in the Gazette of the Government of Anambra State of Nigeria and thereafter the issuance of a certificate.

(b) A declaration that the 1st defendant has not been accorded recognition by the Anambra State Government of Nigeria in line and within the con and meaning of the Traditional Ruler’s Law of Anambra State, 1981, as amended up to 1994.

(c) A declaration that the document dated 7/10/2002 titled GOVERNMENT STATEMENT ON THE OBISHIP OF ONITSHA signed by the then Deputy governor Anambra State of Nigeria, does not accord Recognition of the Anambra State Government on the 1st defendant within the con and meaning of the Traditional Ruler’s Law of Anambra State, 1981 as amended up to 1994.

(d) Injunction restraining the 1st defendant from parading himself as the Obi of Onitsha, from carrying on any of the functions of Obi of Onitsha, from occupying any of the palaces of the Obi of Onitsha without having first obtained the requisite Recognition of the Government of Anambra State within the meaning and con of the Traditional Ruler’s Law, 1981 of Anambra State, as amended up to 1994.

(e) Injunction restraining the 2nd, 3rd and 4th defendants, their agents, privies, assigns and workmen, from in any way or manner whatsoever intimidating, harassing and attempting to arrest and/or arresting the plaintiff.

(f) An order directing the 2nd to 4th defendants to stop the 1st defendant from parading himself as the Obi of Onitsha in contravention of sections 19 and 20 of the Traditional Ruler’s Law, 1981 of Anambra State as amended up to 1994 and to prosecute the 1st defendant for having committed an offence.

At the conclusion of hearing, the learned trial Judge dismissed all the reliefs sought by the plaintiff/appellant.

The appellant being dissatisfied with the judgment of the lower court now appealed to this Court.

The appellant formulated two issues for determination as follows:-

“(1) Whether the trial court acted without competent jurisdiction by entertaining and determining the case by way of originating summons procedure in view of the facts alleged in the claim and supporting affidavit vis-‘a-vis the counter affidavit in opposition thereto.

(2) Assuming (without conceding) that the trial Proceedings was intra vires, whether the verdict has occasioned serious miscarriage of justice.”