The Military Administrator, Akwa Ibom State & Ors V. Chief Godfrey Davies Obong (2000)

LawGlobal-Hub Lead Judgment Report

OPENE, J.C.A. 

In the High Court of Akwa Ibom State holden at Ikot Abasi, The respondent as plaintiff claimed against the defendants/appellants jointly and severally as follows:-

“1. A declaration that the village headship of Ikot Akata village in Mkpat Enin Local Government Area is traditionally rotatory and never hereditory/confined to one Ekpuk.

2. A declaration that the plaintiff was, having regard to the customs, traditions and usages of Ikot Akata village, validly selected, presented and recommended by the Mkpat Enin Traditional Rulers Council to the 3rd and 1st defendants for certification as per their minutes dated 29th April, 1993 and 14th May, 1993 and that the 3rd defendant had no legal basis for suppressing the aforesaid recommendation and putting up a case for the 4th defendant.
3. A declaration that the attempt of the 3rd defendant to reopen a fresh enquiry on the matter by the State Council of Chiefs when there was no further dispute on the matter is in breach of the provisions of the Traditional Rulers Edict, 1990.
4. An order of Injunction restraining the 4th defendant from parading or holding himself out as the village Head of Ikot Akata village in Mkpat Enin Local Government Area and also restraining the 3rd and 1st defendants from according the 4th defendant any Certificate of recognition.”

The plaintiff/respondent filed his statement of claim and the 4th defendant/appellant had also filed his statement of defence while the 1st- 3rd defendants/appellants have not filed their statement of defence when the plaintiff/respondent brought a motion under Order 24 rule 2 of Akwa Ibom State High Court (Civil Procedure) Rules, 1989 praying the court as follows:-

“Motion on notice

Under Order 24 Rule 2 of the High Court

(Civil Procedure) Rules:

TAKE NOTICE that this Honourable court will be moved on Wednesday the 15th day of May, 1996 at the hour of 9 o’clock in the forenoon or so soon thereafter as the plaintiff/applicant or counsel on his behalf can be heard for an order:-

1. Setting down for hearing the following preliminary points of law:

(1) The 4th defendant on record has no locus standi to defend this action; and

(2) The 4th defendant has no defence to this action or reasonable defence to this motion having regard to the provisions of S. 13(1) (a) of Akwa Ibom State Traditional Rulers Edict No. 15 of 1990.

2. Any further or other order(s) as the court may deem fit to make in the circumstances.”

There is a ten paragraph affidavit sworn to by plaintiff/respondent in support of the motion and there are also many documents exhibited in support of the application.

The 4th defendant/appellant filed a counter -affidavit opposing the application…

The plaintiff/respondent thereupon filed a further affidavit and there is also a further counter- affidavit.

After hearing the arguments by the counsel of both parties, in a reserved ruling delivered on 7th of August, 1997, the learned trial Judge Okpo J. gave judgment in favour of the plaintiff/respondent in which he granted all the four reliefs sought by the plaintiff/respondent.