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THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, ANAMBRA STATE & ORS. V. ROBERT C. OKAFOR & ORS.

(1992) JELR 33624 (SC)

Supreme Court  •  SC.172/1988  •  21 Feb 1992  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; PHILLIP NNAEMEKA-AGU JSC; OLAJIDE OLATAWURA JSC; UCHE OMO JSC; BOLARINWA OYEGOKE BABALAKIN JSC;

Judgement

U. OMO, J.S.C. (Delivering the Leading Judgment): The defendants/appellants and the 4th and 5th respondents have been engaged in a tussle as to who has the right to select. Install, and indeed present the traditional ruler of Awka (variously called the "Ichie". "Eze Uzu" or the "Obi" of Awka). Whilst the 3rd defendant/appellant is involved in overseeing that process, the role of the 1st and 2nd appellants is mainly confined to the recognition or de-recognition of the person duly nominated, selected and presented to them for recognition, pursuant to the provisions of the Traditional Rulers Law No.14 of 1981 of Anambra State.

It is admitted by all the parties concerned that the process of nomination to presentation was governed until disagreements arose by the 1976 Chieftaincy Constitution for Awka Community. It is the contention of the plaintiffs/respondents that sometime in 1985 the 4th and 5th defendants/appellants "and their group "unilaterally amended that Constitution, and proceed…

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