CHIEF KENNETH ARIOLU (FOR HIMSELF AS THE CHIEF/HEAD OF ELIESARA COMPOUND AND AS REPRESENTING THE CHIEFTAINCY INSTITUTION OF OGINIGBA TOWN, IN THE OBIO/AKPOR LOCAL GOVERNMENT AREA OF RIVERS STATE) V. MR. OWHONDA ARIOLU MR. GEORGE ARIOLU MR. STANLEY DIKE WORLU (FOR THEMSELVES AND AS REPRESENTING THE COMMITTEE FOR THE INSTALLATION OF THE NEW CHIEF OF ELIESARA COMPOUND OGINIGBA, WHO IS TO BE INSTALLED IN PLACE OF CHIEF KENNETH ARIOLU, WHO IS THE CURRENT CHIEF/ HEAD OF ELIESARA COMPOUND OF OGINIGBA TOWN IN THE OBIO/AKPOR LOCAL GOVERNMENT AREA OF RIVERS STATE) MR. BASIL ALERUCHI ARIOLU MR. JOSEPH EZEBUNWO DIKE MR. GEORGE G.T.E. ARIOLU (FOR THEMSELVES AND AS REPRESENTING THE ELIESARA YOUTH COUNCIL, OGINIGBA TOWN, IN OBIO/AKPOR LOCAL GOVERNMENT AREA OF RIVERS STATE) MR. ANTHONY ADELE ARIOLU
(2012) JELR 53558 (CA)
Court of Appeal
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CA/PH/607/2008
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28 May 2012
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Nigeria
Coram
M. D. MUHAMMAD JCA (Presided and Read the Lead Judgment) TUNDE OYEBANJI AWOTOYE JCA
Appearances
Dr. A. Amuda-Kannike - for the Appellant.
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Chima Boms - for the 1st- 4th & 6th- 7th Respondents.
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J. U. Emmanuel - for the 5th Respondent.
Judgement
MUHAMMAD JCA (Delivering the Lead Judgment): At the lower court, Rivers State High Court, coram Okocha J., the appellant as the plaintiff A claimed against the respondents herein, thereat the defendants, as follows: “1. A declaration that the plaintiff’s appointment, selection and installation as the Chief/Head of Eliesara Compound in Obio/ Akpor Local Government Area of Rivers State is proper and in line with Ikwerre native law and customs as applicable to Oginigba town and it is still subsisting.
A declaration that the defendants their servant and agent has no justifiable reason at all to attempt to remove or remove the plaintiff as the Chief/Head of Eliesara Compound Oginigba town in the Obio/Akpor Local Government Area of Rivers
State and has no justifiable reason at all to replace him with the 7th defendant or any person at all.
A declaration that the 8th defendant has no right and power under Ikwerre native law and custom to crown and install the 7th defendant or any other person…