John Amabara & Anor. V. Customary Court, Opobo & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

EJEMBI EKO, J.C.A.

This appeal was heard only on the Appellant’s amended brief of argument dated 16th September, 2008 and filed on 18th September, 2008 which was deemed filed and served pursuant to the order made on 15th September, 2008. The amendment of the appellant’s brief of argument became necessary when the deceased 3rd Respondent was struck off the processes of this appeal on 15th September, 2008 on the application of the appellants. The amended appellants’ brief was on 27th October, 2008 served on the 1st and 2nd Respondents. The appellant’s application dated 3rd December, 2008 and filed on 18th December, 2008 for the appeal to be argued or heard only on the appellants’ amended brief was on 21st January 2009 granted and the appeal was on 27th May, 2009 heard only on the appellants’ amended brief.

The appellant were the applicants at High Court of Rivers State for judicial review of two decisions/judgments of the Customary Court, Opobo (1st Respondent) comprising the Chairman and one other member of the Court. The Customary Court, Opobo ordinarily has a panel of the chairman and two other members. One member, on the protest of the appellants at the trial Customary Court, Opobo disqualified himself and withdrew from the proceedings in suits Nos. OCC/7/98 and OCC/8/98, respectively Exhibits C and B in the Counter Affidavit of Reuben Amabara, instituted by one Reuben Amabara against the appellants. The two suits were then heard and determined by the chairman and one member of the Customary Court, Opobo. The Rivers State Customary Court Edict No. 32 of 1987 in section 18 (2) there of provides for this quorum of the Court.

The suit No. OCC/8/98 had two defendants; namely – John Omoni Amabara and Adayi Omoni Amabara, respectively the 2nd and 3rd appellants. The dispute there was over land. At the hearing of the suits the defendants (the 2nd and 3rd appellants here) though aware of hearing dates were absent in their absence the plaintiff called two witnesses and closed his case. The trial Customary Court, Opobo, the 1st respondent in the appeal, in its judgment at pages 62 – 65 of the Record delivered on 14th February, 2000 held that the plaintiff had proved his case to their satisfaction. The Customary Court then declared title over Ukemkpa Bush Land in favour of the plaintiff and granted perpetual injunction against the defendants. It also awarded damages in favour of the plaintiff for trespass.

The suit No. occ/7/98 (Exhibit C to the Counter-Affidavit) instituted by Reuben Jonathan Amabara (now deceased) had four defendants. The parties thereto are as follows:-

BETWEEN:

MR. REUBEN JONATHAN AMABARA Plaintiff

AND

1. MR. PROMISE IGBI T. AMABARA
2. MR. JOHN O. AMABARA Defendants
3. MR. ADAYI O. AMABARA
4. POLICE SGT. LOT AMABARA

The reliefs claimed in paragraph 14 of the statement of claim in the suit read thus, as reproduced in the judgment at page 66 of the Record –

a. A declaration that the plaintiff is not an “Aribo” or wizard in English.

b. A declaration that the plaintiff’s forceful initiation into the Lodge Secret Society by the defendants was contrary to Nkoro custom, natural justice and a rape of the plaintiff’s fundamental rights.

c. Particulars of Special Damages:

Salary from October, 1994 to September 1995 – N12,000.00

Salary from October, 1995 to September 1996 – N12,000.00