In the Supreme Court
On FRIDAY, 13TH DECEMBER, 2002
SC.147/1998
Before Their Lordships
SALIHU MODIBBO ALFA BELGORE JSC
ANTHONY IKECHUKWU IGUH JSC
UMARU ATU KALGO JSC
SAMSON ODEMWINGIE UWAIFO JSC
EMMANUEL OLAYINKA AYOOLA JSC. JSC
Between
CHIEF JOHN EZE
And
DR. COSMAS IKECHUKWU OKECHUKWU
UGWUEZE EZEAKA
ONYEJEMELI ALUKA
EMMANUEL UZOWULU
ALFRED AMANGBO
HENRY OBIEZUGHARA
OKAFOR NWABUNWA
IHEDICHE EWULU.
The plaintiffs, now respondents instituted an action at the High Court of Justice, Anambra State holden at Nnewi claiming the following: - (a) A declaration that the appellant was improperly recognized as the Oluoha of Ihiala Community and that the recognition was null and void; (b) A declaration that appellant was not validly declared and presented for recognition; (c) A declaration that the 1st, 2nd and 3rd defendants (functionaries of the Government of Anambra State) were not entitled to nominate, select, appoint or present the 4th defendant as the Traditional Ruler of Ihiala; (d) A declaration that the 1st respondent was duly selected and installed as the Oluoha of Ihiala; (e) An injunction restraining the said Government functionaries from presenting a certificate of recognition to the appellant and gazetting the same as the Traditional Ruler of Ihiala; and (f) An injunction restraining the appellant from parading himself as the Traditional Ruler of Ihiala and performing the functions of the office against the Defendants. The 1st, 2nd and 3rd defendants were military functionaries, while the 5th defendant was the head of one of the families that constitute the Royalty of Ihiala, community. The case is all about the selection, presentation and recognition of the Oluhia of Ihiala, a traditional rulership. The 1st plaintiff claimed he was properly selected by the appropriate representatives of the families of the Okpara who joined in the action as 2nd and 8th plaintiffs. The appellant also claimed he was duly selected and presented by the families, and in addition recognized by the Government of Anambra State. The issue of the community constitution and whether it could be amended by the Anambra State Government was argued and pronounced upon. At the end of the trial, the trial court gave judgment in favour of the plaintiffs. The defendant/appellant not satisfied appealed to the Court of Appeal, Enugu on points of law. The issues were determined against the appellants. Hence this further appeal to the Supreme Court.