Igwe N.a.u. Achebe V. Chief A.c.i. Mbanefo & Anor (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Chief A.C.I. Mbanefo (Odu III of Onitsha) instituted this suit against (1) Igwe N.A.U. Achebe (Obi of Onitsha) and (2) Akunwata Onyeachonam Okolonji in the High Court of Anambra State, in the Onitsha Judicial Division holden at Onitsha on 25th February, 2005. The writ of summons was accompanied with a statement of claim. Paragraphs 37 to 42 of the statement of claim sought the following reliefs against the 1st and 2nd defendants to wit:

37. The plaintiff avers that by Onitsha law and custom he (the plaintiff) has not been, and cannot lawfully be, removed as NDICHIE UME and ODU OSODI of Onitsha as the 1st defendant purported to have falsely asserted per the document pleaded in paragraph 36 (supra) or howsoever.
38. The 1st and 2nd defendants, acting in connivance with each other and persons unknown, have purported to assert and hold out the 2nd defendant as ODU OSODI of Onitsha contrary to Onitsha native law and custom. The plaintiff hereby pleads a document titled IME OBI’S REPORT/DECISIONS ON THE RECENT OZO TITLE TAKING BY CHINELUGO DENNIS

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CHUKWUBEBE’S TWO SONS IN UMUEZEAROLI VILLAGE ONITSHA dated 30th August, 2004 and purportedly and erroneously co-signed by the 2nd defendant purporting to describe himself as ODU-OSODI.

39. It is contrary to Onitsha native law and custom for the defendants to have purported to have installed, and/or connived at the installation of the 2nd defendant as ODU OSODI of Onitsha during the life-time of the duly installed and recognized ODU OSODI I of Onitsha in the person of the plaintiff.
40. By overt acts the defendants have demonstrated unwholesome intention wrongfully to pretend and/or purport to oust the plaintiff from his legitimate traditional seat and title for life as NDICHIE UME ODU-OSODI, ODU MBANEFO III of Onitsha.
41. The defendants intend unless restrained by order of Court to continue with their wrongful acts of unlawfully excluding and/or precluding the plaintiff from enjoying and exercising his rights and privileges as ODU of Onitsha for life.
42. The plaintiff has suffered damage and loss wherefore the plaintiff claims against the defendants as follows:

(a) A declaration that under Onitsha native law and custom

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the plaintiff is, and was, duly and properly installed and initiated into the vacant seat of ODU OSODI of Onitsha in 1994.

(b) A declaration that under Onitsha native law and custom the plaintiff is entitled to occupy the traditional office of ODU OSODI of Onitsha and the traditional rank of NDICHIE UME and NDICHIE UKPO for life.

(c) A declaration that under Onitsha native law and custom the plaintiff as ODU OSODI, NDICHIE UME and MBANEFO ODU III is entitled to enjoy and exercise the rights and other privileges, power and benefits accruing therefrom to the exclusion of all and sundry.

(d) A perpetual injunction restraining the defendants jointly and severally from interfering with, and/or continuing to obstruct, interfere with, deny or howsoever preclude, the plaintiff in the exercise and/or enjoyment of the rights, privileges, powers and other benefits accruing to the traditional office and rank of ODU OSODI, NDICHIE UME, NDICHIE UKPO, MBANEFO ODU III under Onitsha native law and custom.

(e) A declaration that the purported installation by the 1st defendant of the 2nd defendant as ODU OSODI of Onitsha in the life time of the plaintiff as

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the incumbent of that traditional office and title is illegal, inconsequential, null and void and contrary to Onitsha native law and custom.

(f) A perpetual injunction restraining the 2nd defendant from parading himself as ODU OSODI of Onitsha and/or purporting howsoever to act in that capacity.