Mr. Benson Nze V. Sir Dom Aribe (2016)

LawGlobal-Hub Lead Judgment Report

ITA GEORGEMBABA, J.C.A. 

Appellant filed this appeal against the judgment of the Imo State High Court, in Suit HOW/311/2013, delivered on 9/10/2013 by Hon. Justice Duruoha-Igwe, wherein the trial Court granted the reliefs sought by the claimant (now Respondent) in his Originating Summons.

At the Lower Court the claimant had posed the following questions for determination:
1. Whether by the provisions of Okwu Uratta Improvement League (OUIL) Constitution, the tenure of Office of the Defendant and the Executive members elected with him in 2008 has not expired, having served for three years from December 26th 2008 to December 26th 2011.
2. Whether the Defendant and the Executive members elected with him on 26/12/2008 by the convention of the Okwu Uratta Improvement League can validly remain in office after 26/12/2011.
3. Whether the Executives of Okwu Uratta Improvement League led by the Defendant was officially dissolved by the decision of the League on the 8th day of April 2012
4. Whether by the Constitution and decision of Okwu Uratta Improvement League election of 8/4/12 and

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26/12/12 respectively, the Claimant has not been duly elected as the President-General of the League with other Executive members.

Upon the determination of the above questions, the Claimant sought the following reliefs:
(a) A declaration that the tenure of office of the Defendant, a President-General with the Executive members elected with him on 12th December 2008, by virtue of the Constitution of Okwu Uratta Improvement League expired on December 26, 2011.
(b) A declaration of the Court that by the decisions of Okwu Uratta Improvement Leagues elections of 8/4/2012, and ratified in the convention of 26/12/12, the Executives led by the Defendant was properly and duly dissolved.
(c) A declaration of the Court that by the Constitution and decisions of the said League on 8/4/12 and 26/12/2012, the Claimant and members of Executives elected with him on 8/4/12 are the legitimate executive body of the league.
(d) An order of perpetual injunction restraining the Defendant and the other executive members elected with him from further parading themselves as President-General and executive members of Okwu Uratta Improvement League,

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respectively.
(e) An Order of the Court on the Defendant to officially hand over and release all the property of the league in his custody or under his control to the Claimant immediately.?

The trial Court, after taking evidence of the parties (as per their affidavits) and considering the addresses by Counsel had ruled in favour of the Claimant, that:
?By Exhibit ?B? (the Constitution of Okwu Uratta Improvement League) their (Defendant and his executive) tenure was to last for 3 years which tenure expired in December 2011. That upon the expiration of their office, the League in its convention proceedings, held on 8/4/12 formally dissolved the executive led by the Defendant ? Following the disolution, the Okwu Uratta Improvement League, in the same Easter Convention proceedings elected new set of executives, comprising the claimant and others. The Defendant in their counter affidavit did not challenge these averments. He only complained that the dissolution was done during the pendency of the two suits ? Defendant also complained that it was the caretaker committee set up by the Defendants in HOW/35M/12 that

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dissolved his executive, but I also found that it was not so; that a convention of Okwu Uratta Improvement League did so ? I am satisfied that Defendant led executives was officially dissolved by the decision of the League on 8/4/12. Immediately after the dissolution, claimant and members of his executive were elected into office ? see Exhibit ?C? and ?D? ? being minutes of the Convention of Okwu Uratta Improvement League, held on 8/4/12 and 26/12/12 respectively, where Claimant led executives were elected and ratified.?

That is the judgment Appellant appealed against, as per his notice and grounds of appeal, filed on 11/11/2013, on pages 216 to 218 of the Records of Appeal, which disclosed a sole ground of appeal. Appellant however, amended the Notice of Appeal, with the leave of this Court, granted on 15/2/16, which disclosed three grounds of appeal on which this appeal is premised, as per Appellants Brief of arguments. The Issues distilled from the 3 grounds of appeal were as follows:
(1) Whether the establishment of Community Government Councils by the Imo State Law No. 1 of 2012, cited as Imo

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State Autonomous Community Councils Administration Law, gazetted on 21st August 2012, did not proscribe the office the President-General of Town Unions in Imo State? (Ground 1)
(2) Whether Okwu Uratta Improvement League is a juristic person? (Ground 2)
(3) Whether the Lower Court has the jurisdiction to uphold the Respondents election of 8/4/12 as the President-General of Okwu Uratta Improvement League, an unregistered Town Union operating illegally in Imo State, and back same with a Court Order? (Ground 3)