CORAM
JUSTICE, ITA.G. MBABA (PJ), OFR,JUSTICE COURT OF APPEAL
JUSTICE, M. DANJUMA,JUSTICE COURT OF APPEAL
JUSTICE, H. R. SHAGARI,JUSTICE COURT OF APPEAL
PARTIES
1. CHIEF ALLOY OKWUDILICHUKWU OBI
2. MR. ADOLF OKOLI
3. CHIEF GILBERT IHESULO
4. MR. ANDREW DURU
5. MR. JOHN IDOKO
6. MR. FELIX IGBOANUGA
APPELLANTS
1. CHIEF JOSEPH NWIGWE(Substituted for Late Dr. Alex Anozie by Order of this Honourable Court made on 18th March, 2024)
2. CHIEF NDIDI E. NZEAKO (For himself and on behalf of Ohaneze Ndigbo of Oyo State)
RESPONDENTS
AREA(S) OF LAW
CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, CUSTOMARY LAW, CIVIL PROCEDURE, HUMAN RIGHTS, EVIDENCE, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
This case arose from a dispute over the leadership title of “Onyendu Ndigbo” of Ibadan and Oyo State among the Igbo community. The 1st Respondent (formerly Dr. Alex Anozie) claimed to have been democratically elected and sworn in by the Igbo Community Development Association (ICDA) in 1997, with subsequent ratification by Ohaneze Ndigbo in 2000. A rival group, Igbo Community of Oyo State (ICOS), emerged leading to leadership tussles. The South East Council of Traditional Rulers intervened in 2009, dissolving both ICDA and ICOS. Subsequently, a new group called Igbo General Assembly (IGA) elected the 1st Appellant as Onyendu Ndigbo. The Respondents challenged this election and sought declarations affirming the 1st Respondent’s position, which the trial court granted.
HELD
1. The appeal was allowed.
2. The trial court’s judgment was set aside.
3. The Respondents’ suit was dismissed.
4. Parties were ordered to bear their respective costs.
ISSUES
1. Whether the trial court erred in entertaining and adjudicating the suit when the Claimants allegedly lacked locus standi, disclosed no cause of action, and failed to join necessary parties.
2. Whether the trial court was wrong in predicating its decision on allegedly perverse findings lacking support from evidence.
3. Whether the trial court violated the Appellants' constitutional rights to fair hearing by failing to consider relevant documents and making decisions affecting non-parties.
RATIONES DECIDENDI
RIGHT OF ASSOCIATION – SCOPE AND LIMITATIONS OF VOLUNTARY ASSOCIATIONS:
“Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interest; provided that the provisions of this Section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission.”- Per Ita G. Mbaba, JCA
LOCUS STANDI – CHALLENGE OF ELECTION BY NON-PARTICIPANT:
“With all that transpired, resulting in the dissolution of the two rival bodies of Ndigbo in Oyo State… I find it difficult to locate the locus standi of the 1st Respondent to challenge an election of 1st Appellant by a group, he (1st Respondent) was not a member of and which election he (1st Respondent) did not contest.” – Per Ita G. Mbaba, JCA
BURDEN OF PROOF – DECLARATORY RELIEFS:
“By law, the Claimants has the task of establishing his case on the strength of his evidence, and cannot rely on the weakness of the defence, if any, though he can take advantage of admission(s) by the defence, that supports his (Claimant’s) cause.”- Per Ita G. Mbaba, JCA
POWERS OF VOLUNTARY ASSOCIATIONS – JUDICIAL INTERVENTION:
“The Court would not interfere in a case like this one where members of a voluntary association have come to a decision within the provisions of their constitution, even if the decision is unreasonable… As a voluntary association, it has the right to lay down its own decisions even when they are unreasonable. They should be obeyed…” – Per Ita G. Mbaba, JCA
PERVERSITY OF FINDINGS – TRIAL COURT’S EVALUATION:
“I think, the said findings of the trial Court were perverse and contrary to the evidence adduced. I also think the trial Court was unduly hard and harsh on the Council of Traditional Rulers and Ohaneze Ndigbo, and I consider the said scathing remarks of the trial Judge on the two parent organisations offensive and condescending.”- Per Ita G. Mbaba, JCA
CAUSE OF ACTION – PROPER PARTIES:
“It appears to me that the Respondents sued the wrong persons (Appellants) instead of those they really had issues with, South-East Council of Traditional Rulers and Ohaneze Ndigbo. Thus, I cannot see any cause of action disclosed against the Appellants.”- Per Ita G. Mbaba, JCA
PARENT ORGANIZATION’S AUTHORITY – BINDING EFFECT OF DECISIONS:
“And where a voluntary organisation or association subordinates itself to another larger or parent body, as per their laws and rules, it cannot defy the orders and directions of the said larger or parent organisation to which it submits to, in my opinion.”- Per Ita G. Mbaba, JCA
EVALUATION OF EVIDENCE – TRIAL COURT’S APPROACH:
“The trial Court appeared to have shifted the burden of proof to the Appellants (Defendants), when he held that the Defendants failed to establish the capacity or locus standi of the South-East Council of Traditional Rulers.”- Per Ita G. Mbaba, JCA
FAIR HEARING – MAKING FINDINGS AGAINST NON-PARTIES:
“The trial Court was wrong, in my opinion, to require the Appellants (as Defendants) to lead evidence to establish the locus standi and constitutional powers of the South East Council of Traditional Rulers and Ohaneze Ndigbo to exercise such powers and authority.”- Per Ita G. Mbaba, JCA
PLEADINGS – BURDEN ON CLAIMANT:
“With all that transpired… I cannot see any cause of action disclosed against the Appellants, since the Respondents were not members of the Igbo General Assembly (IGA) that elected 1st Appellant and 1st Respondent did not take part in the election.”- Per Ita G. Mbaba, JCA
TRADITIONAL INSTITUTIONS – RESPECT FOR AUTHORITY:
“Both the Respondents and Appellants, in their pleadings and evidence, subordinated their voluntary organisations… to some larger or parent organisations namely the South-East Council of Traditional Rulers and Ohaneze Ndigbo.” – Per Ita G. Mbaba, JCA
JURISDICTION – EFFECT OF LACK OF LOCUS STANDI:
“A person is said to have locus standi to sue, where his legal right/interest in a given transaction can be ascertained and he is competent to file the Suit — that is he disclosed the legal capacity or standing to sue in the cause.” – Per Ita G. Mbaba, JCA
ADVERSE EVIDENCE – EFFECT ON CASE:
“Sadly, in their pleadings and evidence, the Respondents rather presented the Appellants (and the 1st Appellant) as those enjoying the sympathy and support of the South-East Council of Traditional Rulers and of the Ohaneze Ndigbo, placing themselves and 1st Respondent at a disadvantage!”- Per Ita G. Mbaba, JCA
CASES CITED
STATUTES REFERRED TO
1.Constitution of the Federal Republic of Nigeria, 1999 (as amended)