CHIEF ALBERT NWOKO CHIEF JACOB OBASI ( FOR THEMSELVES AND ON BEHALF OF THE ENTIRE PEOPLE OF OHAOBU AND/OR OHAOBU NDOKI COMMUNITY/VILLAGE OF UKANAFUN LOCAL GOVERNMENT AREA OF AKWA IBOM STATE) V. MR. REUBEN JOHN EKERETE (SUING FOR HIMSELF AND ON BEHALF OF THE VILLAGE COUNCIL AND THE ENTIRE PEOPLE OF IKOT INYANG UDO VILLAGE, UKANAFUN) V. UKANAFUN LOCAL GOVT. COUNCIL MR. OKON J. UWAH (HEAD OF COUNCIL, UKANAFUN) MR. GODWIN ANIEKAN BENSON (SECRETARY, UKANAFUN LOCAL GOVT, COUNCIL) HON. DICK INANAH (CHA IRMAN, PANEL OF ENQUIRY OF THE FRACAS/DISTURBANCES AT OHAOBU NDO KI CEN TRE. BU IL DING T HA T WAS B IL LED FO R COMMISSIONING BY THE GOVERNOR OF AKWA IBOM STATE ON 10 JANUARY 2005) HON. EKPO MOSES OKOKO (MEMBER OF THE PANEL) MR. ALBERT UKPANAH (MEMBER OF THE PANEL) BARR. FINTAN ESHIET (MEMBER OF THE PANEL) BARR. NDUESO UMO EKPO (MEMBER OF THE PANEL)
(2009) JELR 53568 (CA)
Court of Appeal
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18 Jun 2009
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Nigeria
Coram
KUMAI B. AKAAHS JCA (Presided and Read the Lead Judgment) JAFARU MIKA’ILU JCA JEAN OMOKRI JCA
Appearances
O. I. Enekwa - for the Appellants.
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Aniefiok Atakpa - for the 1st Respondent.
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Uwemedimo Nwoko - for the 2nd-9th Respondents.
Judgement
AKAAHS JCA (Delivering the Lead Judgment): Following the setting up of the panel of enquiry on the fracas/disturbances at Ohaobu Ndoki village of Ukanafun Local Government Area which occurred on 10 January 2005, by the Akwa Ibom State Government. The plaintiff suing for himself and on behalf of the Village Council and the entire people of Ikot Inyang village, Ukanafun took out an originating summons against the defendants
(now 2nd set of respondents) praying for a determination of the following questions: Whether by the operation of Decree No. 23, Adjustment of Boundaries (Cross River and Imo States) Decree 1985, Customary Courts Law, Cap 40, Laws of Akwa Ibom State 2000, including AK. S. Edict No. 15 of 1990, there is any village known as and called “Ohaobu Ndoki’” in Ukanafun Local Government Area of Akwa Ibom State of Nigeria. 2. Whether the 1st, 2nd and 3rd defendants/respondents are competent to use the commonwealth of the people of Ukanafun Local Government Area to promote ille…