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ELDER WILLIE IBEKWE ACHINEHU V. ELDER LOVEDAY MAXWELL (Representing The Members Of The Traditional Councils Of Omu Osa And Omugwe Communities In KELGA Of Rivers State)

(2021) JELR 109405 (CA)

Court of Appeal  •  CA/PH/FHR/61/2017  •  10 Jun 2021  •  Nigeria

Misitura Omodere Bolaji-Yusuff, JCA Muhammed Lawal Shuaibu, JCA Ugochukwu Anthony Ogakwu, JCA


MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Rivers State delivered by Hon. Justice J. N. Akpughunum on 21st July, 2016 dismissing the application.

The appellant herein filed an application for the enforcement of his Fundamental Rights at the trial Court wherein he prayed for the following:-

1. An ORDER that the exclusion and discrimination against the applicant to attain to the 2nd position in the sitting arrangement of Omuigwe Traditional Council in sitting respectively of Omuigwe Aluu community in Ikwere Local Government Area of Rivers State (KELGA), as is rightly due to him; on the allegation that he is from a slave ancestry otherwise known as “OWAKARA” is unjust and repugnant to natural justice equity and good conscience and infringes on the applicant’s fundamental rights as enshrined in Sections 34, 42 and 46 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

​2. A DECLARATION that …

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