Hon. Anthony Pope Dike & Ors V. The Governor Of Imo State & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Imo State sitting at Aboh Mbaise presided over by Hon. Justice U. D. Ogwurike, delivered on the 30th March, 2006.

The Appellants representing members of Umugama Village of Lorji in Aboh Mbaise Local Government of Imo State, as Applicants obtained the leave of the Lower Court to commence an application for judicial review claiming against the Respondents as follows:

(i) An order of certiorari removing to this Hon. Court for the purpose of being quashed that part of the Autonomous Communities Instrument published in Imo State Legal Notice No. 4 of 2003 creating the Lorji Nweke-Ukwu Autonomous Community.

(ii) An order of prohibition prohibiting the 1st Respondent from treating, dealing with or continuing to recognize the purported Lorji Nweke-Ukwu Autonomous Community as an Autonomous Community under the Traditional Rulers and Autonomous Communities Law No. 3 of 1999.

(iii) An Order of certiorari removing to this Hon. Court for the purpose of being .quashed the purported recognition of the 2nd Respondent as the Traditional Ruler of the purported Lorji Nweke-Ukwu Autonomous community.

(iv) An order of perpetual injunction restraining the 2nd Respondent from parading himself, either by action or use of title as the Traditional Ruler in Lorji Aboh Mbaise or elsewhere.

(v) And for any other order or orders as this Hon. Court may deem fit and proper in the circumstance.

The grounds upon which the application was anchored are:

(i) The 1st Respondent has no competence under Section 14 of the Traditional Rulers and Autonomous Communities Law No. 3 of 1999 to create Autonomous Communities.

(ii) Umugama village of Lorji did not consent to being included in Lorji -Nweke-Ukwu Autonomous Community and Section 26 of the Traditional Rulers and Autonomous Communities Law No. 3 of 1999 was not complied with before the creation of the new Autonomous Community.

(iii) The three villages arbitrarily lumped together in the Lorji Nweke Ukwu Autonomous Community do not qualify for Autonomous Community status under section 25 of the Traditional Rulers and Autonomous Communities Law No. 3 of 1999.

(iv) Sections 14 and 23 of the Traditional Rulers and Autonomous Communities Law No. 3 of 1999 is unconstitutional and therefore void.

Both the 1st and 2nd Respondents filed Notices of Preliminary Objection to the application and hearing of the motion and the preliminary objections were consolidated with consent of the parties. Following submissions from respective learned Counsel, the Court delivered a considered Judgment on the 30th day of March, 2006. The Court dismissed the Preliminary Objection and the application for Judicial review, In dismissing the application, the Court held as follows: