ABUBAKAR JEGA ABDUL-KADIR, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of Imo State High Court of Justice of Oru Judicial Division holden at Mgbidi delivered on 16th day of April 2009. The Appellant was the Plaintiff in the Suit commenced by Originating Summons while the Respondents were the Defendants in the Suit.
The facts leading to this appeal are stated as follows:-
The Appellant is the Traditional Ruler of Ofekata II Autonomous Community to which the Respondents belong. The Ofekata II Autonomous Community has constitution which provides, among other things as follows:-
SECTION F: DUTIES OF EZE OFEKATA II
The Ezeoha of Ofekata II Autonomous Community shall perform all the duties contained in the Traditional Rulers and Autonomous Communities law 1981, viz
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4. Shall confer Chieftaincy titles to deserving members of the Community.
5. Shall cap any new Chief within the Autonomous Community,…