GOVERNOR, IMO STATE V CHIEF CHARLES AMUZIE

Issue:

By a writ of summons dated and filed on 9/6/2003, the 1st, 2nd and 3rd Respondents in this Appeal, as plaintiffs at the trial court, claimed as follows:- "1. A declaration that the 1st Plaintiff is the duly identified, selected, elected, appointed and installed Eze-Elect of Amakor Autonomous Community. A declaration that the selection and installation of the 1st Defendant as Eze of Amakor Autonomous Community not being in accordance with the customs and tradition of Amakor Autonomous Community is null, void and no effect whatsoever. By a motion dated 8th day of January, 2004 and filed on 9/1/2004, the 5th defendant/appellant sought the Order of the trial court to strike out the suit and the motion for injunction on the following grounds:- (a) That the suit is premature (b) The Court lacks the jurisdiction. (c) The plaintiffs/respondents have no justiceable cause of action. After hearing all the parties to the suit the trial judge, in a ruling delivered on 10/5/2004, dismissed the motion for lack of merit. Aggrieved, the 5 Defendants appealed on three grounds to the Court of Appeal, Port Harcourt Division, hereinafter referred to as the lower court. On the 17th day, of November 2008, the court dismissed the appeal. Dissatisfied with the lower court's judgment, the appellant has further appealed to this Court.