Igwe Rowland Madukolu Odegbo & Ors V. Chief B.s.c. Mofunanya & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

This appeal is sequel to the ruling rendered upon an application mandatory injunction at the instance of the respondents against the 1st appellant, by J. I. Nweze, J, of the Anambra State High Court of justice, holden at Atuocha, on 18th June, 2012.

The respondents, having taken out a writ of summons against the appellants with respect to the chieftaincy and traditional title of Igwe of Nteje community of Oyi Local Government Area of Anambra State, had vide their amended statement of claim, filed on 24th February, 2012, at Paragraph 41 thereof, sought some declaratory and injunctive reliefs against the appellants.

The grouse of the respondents, in their claim is that upon the demise of the late Igwe S. A. C. Nnaemeka, the Aborgu I of Nteje who hailed from Ezi Quarter in Nteje, a referendum was conducted on 28th December, 2009 in order for the community to select a new lgwe of Nteje. That at the said referendum, the two candidates who contested for the lgweship of Nteje were – Dr. Barr. Charles Aduaka – 2nd plaintiff/respondent herein and Hon. P. C. Uyanwa who later stepped down for Dr. Barr.

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Charles Aduaka. Therefore, the latter was unanimously elected as the new Igwe of Nteje. Thereafter, the new lgwe elect was presented to the Nteje Community by the AKADIANAS, the Kingmakers on the 2nd day of January, 2010.

Furthermore, the respondents averred that the Igwe elect was presented to the Secretary of Oyi Local Government, on 12th January, 2010 and that instead of the latter to recognise their new lgwe elect, the Anambra State Government, instituted a Caretaker Committee for the Nteje Community which according to them, is unknown to the Nteje Development Union and that the said Caretaker Committee was foisted on the Nteje Community so that a wrong person such as the 1st appellant would be installed as the lgwe of Nteje Community.

The respondents, therefore, at Paragraph 41 of their amended statement of claim averred, to wit:-

“41. Wherefore the Plaintiffs claim against the Defendants as follows:-

i. DECLARATION that it is the Nteje Community under the auspices of Nteje Development Union that has the right to select one of its members as Igwe elect to be presented to the Secretary of the Oyi Local Government in this case, the Head

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of Administration of the Oyi Local Government for the ultimate recognition by Anambra State Government.

ii. DECLARATION that the Nteje Development Union has exercised their right of selecting an Igwe elect in the person of Dr. Barr. Charles Aduaka.

iii. DECLARATION that the 2nd and 3rd defendants have no right to select or present themselves or the 1st defendant as the Igwe elect of Nteje to the Oyi Local Government, Anambra State Government or to any other authority.