OGUNTADE, J.S.C. (Delivering the Leading Judgment): This was a chieftaincy dispute, which would appear to have first reared its head several years ago. It became the subject of litigation on 31-3-80 when the appellants for and on behalf of Otari village community of Abua, Rivers State commenced by writ of summons a suit against the respondents as the defendants. The 3rd to 6th defendants were sued as the representatives of Agana family of Omalem, Abua, River State. The plaintiffs claimed for the following:
1. A declaration that sections 18 and 19 of Edict No.5 of 1978 are void, ultra vires and contrary to the Constitution of the Federal Republic of Nigeria 1979.
2. A declaration that in Abua clan which was historically and traditionally a monarchy the highest chieftaincy title by Abua Customary Law and tradition is the Oda-Abuan.
3. A declaration that the findings of Tamuno Committee is not recognising Oda-Abuan as the highest Chieftaincy title by Abua Customary Law and tradition is n…