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EZE LAMBERT OKOYE AKUNEZIRI V. CHIEF P.D.C. OKENWA & ORS

(2000) JELR 42095 (SC)

Supreme Court  •  SC.126/97  •  15 Dec 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; OKAY ACHIKE JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

MOHAMMED, J.S.C. (Delivering the Leading Judgment): Chief P.D.C. Okenwa, hereinafter referred to in this judgment as the 1st respondent, was the plaintiff in Suit No. HOW/200/84 at the High Court of Imo State, holden at Owerri. In the Suit, the 1st respondent claimed against Eze Lambert Okoye Akuneziri (the appellant, in this appeal) and 1st, 2nd and 3rd respondents (defendants at the High Court) for the following reliefs:-

"(a) A declaration that the removal of the plaintiff as the traditional ruler of Ihitenensa Autonomous Community and the withdrawal of his recognition as such by Imo State Government is contrary to the Imo State Chieftaincy Law No. 22 of 1978 and the said withdrawal is therefore null and void and of no effect whatsoever.

(b) A declaration that the plaintiff is still the recognised Traditional ruler (Eze) of Ihitenensa Autonomous Community.

(c) A declaration that the subsequent recognition of Chief Lambert Okoye Akuneziri as the traditional ruler of Ihitenensa by t…

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