THE STATE V. DR. COSMAS IKECHUKWU OKECHUKWU

OGUNDARE, JSC (Delivering the Leading Judgment): This is an appeal by the State against the judgment of the Court of Appeal (Enugu Division) in which the latter Court had allowed the appeal of Dr. Cosmas Ikechukwu Okechukwu against his conviction by the High Court of the former Anambra State. Dr. Okechukwu had been arraigned at the High Court on an information charging him as hereunder:

"Statement of Offence - Count one

Wrongful installation of a Chief contrary to Section 18(b) of the Anambra State Traditional Rulers Law of 1981.

Particulars of Offence

Dr. Cosmas Ikechukwu Okechukwu on the 21st day of December, 1986 at Ihiala in the Nnewi Judicial Division, not being a person recognised by the Governor of Anambra State of Nigeria as the traditional ruler of the Ihiala Community unlawfully allowed himself to be installed as the traditional ruler of the Ihiala Community to wit, Oluoha (XVI) and clan Head of Ihiala in the stead of the person so rccognised, to wit. Eze John Mgbekwute Udo…