The Attorney-general Of Enugu State V. Chief Fidelis I. K. Ugwu & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the ruling of Honourable Justice A. R. Ozoemena, J., of the High Court of Enugu State, sitting at Enugu-Ezike (hereinafter referred to as the “Lower Court”). The said ruling was delivered on the l0th day of May, 2010.

The substantive suit was instituted by the plaintiff /1st respondent vide a writ of summons, dated and filed contemporaneously with the statement of claim on the 6th day of May, 2009; wherein the plaintiff/1st respondent claims against the 1st defendant/2nd respondent and 2nd defendant/appellant, jointly and severally for the following reliefs:

“(a). A declaration that an elected Governor of a State in Nigeria have no authority and power to perform the duties and functions of his office of the Governor of a State before the subscription to the oath of office and oath of allegiance and after the expiration of his tenure of office under the 1999 Constitution of the Federal Republic of Nigeria.

(b). A declaration that the purported recognition of the 1st defendant by the Governor of Enugu State one year and ten months before his assumption

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of office is ultra vires the Governor, null, void and of no effect whatsoever.

(c). A declaration that the Enugu State Government lacks the powers under the law to ignore/disregard the

findings of its own panel that the 1st defendant was not elected/selected Igwe and traditional ruler of Ovoko Autonomous Community, and proceed to recognize the 1st defendant as the Igwe and traditional ruler of the community.

(d). A declaration that the plaintiff, having been found and confirmed as the elected/selected Igwe and traditional ruler of Ovoko Autonomous Community, by the report of the Enugu State Government investigation, is the proper person to be recognized and certificated by the Enugu State Government.

(e). An order for the recognition and certification of the plaintiff as the Igwe and traditional ruler of Ovoko Autonomous Community.

(f). An order of the Honourable Court setting aside the recognition and certification of the 1st defendant as the Igwe and traditional ruler of Ovoko Autonomous Community, and other thing done or purported to have been done in pursuance thereto.

(g). An order of injunction restraining the 1st

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