The State Vs Dr. Comas Ikechukwu Okechukwu (1994)

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OGUNDARE, J.S.C. 

This is an appeal by the State against the judgment of the Court of Appeal (Enugu Division) in which the latter Court had allowed the appeal of Dr. Cosmas Ikechukwu Okechukwu against his conviction by the High Court of the former Anambra State. Dr. Okechukwu had been arraigned at the High Court on an information charging him as hereunder:

“Statement of Offence – Count one

Wrongful installation of a Chief contrary to Section 18(b) of the Anambra State Traditional Rulers Law of 1981.

Particulars of Offence

Dr. Cosmas Ikechukwu Okechukwu on the 21st day of December, 1986 at Ihiala in the Nnewi Judicial Division, not being a person recognised by the Governor of Anambra State of Nigeria as the traditional ruler of the Ihiala Community unlawfully allowed himself to be installed as the traditional ruler of the Ihiala Community to wit, Oluoha (XVI) and clan Head of Ihiala in the stead of the person so rccognised, to wit. Eze John Mgbekwute Udoji, Oluoha (X) of Ihiala.

Statement of Offence – Count Two Wrongful holding out as a Chief contrary to Section 19(a) of the Anambra State Traditional Rulers Law of 1981.

Particulars of Offence

Dr. Cosmas Ikechukwu Okechukwu (m) on the 25th day of August, 1987 at Ihiala in the Nnewi Judicial Division, not being a recognised Chief of Ihiala Community held himself out as a recognised Chief of the Ihiala Community, to wit, Oluoha (XVI) and Clan Head of Ihiala by signing a letter dated August 25th 1987 which he wrote to the Director-Manager of Telephone Services in the Onitsha Zonal Office, Onitsha in his application for the installation of a telephone in his residence at Ihiala as the Oluoha (XVI) and Clan Head of Ihiala when there was not yet a recognised Chief of the said Ihiala Community.

Statement of Offence – Count Three

Contempt of Court contrary to Section 133(1) of the Criminal Code Cap. 30. Vol.11, Laws of Eastern Nigeria, 1963.

Particulars of Offence

Dr. Cosmas Ikechukwu Okechukwu (m) on the 25th day of August, 1987 at Ihiala in the Nnewi Judicial Division, being a party to a Judicial proceedings pending in the High Court, Nnewi, to wit, Ichie Paulinus Ubanozie and three others versus Dr. Cosmas Okechukwu Suit No. HN/38/87. committed an act of intentional disrespect to the said Judicial proceeding by parading himself as the Oluoha (XVI) and Clan Head of Ihiala in violation of an order of the said High Court Nnewi dated the 7th day of May, 1987 restraining you-from presenting himself for installation as the Oluoha elect or parading himself as the Oluoha of Ihiala pending the determination of the substantive suit to wit Suit No. HN/38/87.”

Dr. Okechukwu (hereinafter is referred to as the respondent), a former Senior Lecturer at the University of Nigeria. Nsukka was invited by the members of his community of Ihiala to be their traditional ruler, that is the Oluoha of Ihiala. He was appointed and installed as the Oluoha: this was in December 1986. Before this appointment and installation however, one Eze J.M. Udoji was the incumbent who had been recognised by the Government of the State as the Oluoha of Ihiala. Eze Udoji was still the recognised Oluoha when the respondent was appointed and installed as the Oluoha. The reason given for the action of the Okparas of the community that appointed and installed the respondent was that Eze Udoji had not been seen in the community for about 5 years before December, 1986 and that according to the Constitution of the Community, declaratory of the custom and tradition of Ihiala. Eze Udoji was deposed by the Community and the State Government was informed but gave no reply to their letters. Sometime in 1987, the death of Eze Udoji was announced by his family. As the respondent has not been recognised at the time of his installation, he was charged under the provisions of the Traditional Rulers law 1981 of the state.