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CHIEF L.U. OKEAHIALAM & ANOR. V. NZE J.U. NWAMARA (ISINZE ONICHA) & ORS.

(2003) JELR 46843 (SC)

Supreme Court  •  SC.196/1999  •  11 Jul 2003  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; EMMANUEL OLAYINKA AYOOLA JSC; DAHIRU MUSDAPHER JSC;

Judgement

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): The 1st and 2nd plaintiffs/respondents suing for themselves and members of the Onicha Amairi Autonomous Community Council of Ndi Eze, together with the 3rd and 4th plaintiffs/respondents, claimed in an action instituted in the High Court of Imo State, sometime in November, 1993, against the appellants and the defendants/respondents, a declaration that the purported recognition of Chief I.U. Okeahialam, the 1st appellant, as the Traditional Ruler of Onicha Amairi Autonomous Community "is illegal, and a nullity having been obtained fraudulently and contrary to the provisions of the relevant law," and, consequential reliefs.

The plaintiffs/respondents' case in the High Court was that the 1st appellant was neither selected, presented nor installed as traditional ruler pursuant to what they described as a 'chieftaincy constitution' which they alleged came into force on 12th May, 1979, and that the 4th defendant was deceived into recog…

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