CHIEF L. U. OKEAHIALAM JUDE ALOZIE (FOR THEMSELVES AND ON BEHALF OF MEMBERS OF ONICHA TOWN UNION) V. NZE J. U. NWAMARA (ISINZE ONICHA) NZE B. B. OHANAGA (FOR THEMSELVES AND ON BEHALF OF MEMBERS OF ONICHA AMAIRI AUTONOMOUS COMMUNITY COUNCIL OF NDI NZE) BONIFACE CHIKEZIE SIR LEVIN NKEMDIRIM THE CHAIRMAN, EZINIHITTE LOCAL GOVERNMENT THE GOVERNOR OF IMO STATE

AYOOLA, JSC (Delivering the Lead Judgment): The 1st and 2ndplaintiffs/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 AmairiAutonomous 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 recognising him. The…