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

CORAM

I. L. KUTIGI, JUSTICE, SUPREME COURT

S. U. ONU, JUSTICE, SUPREME COURT

A. I. IGUH, JUSTICE, SUPREME COURT

E. O. AYOOLA, JUSTICE, SUPREME COURT

D. MUSDAPHER, JUSTICE, SUPREME COURT

PARTIES

1. CHIEF L.U. OKEAHIALAM2. JUDE ALOZIE(For themselves and on behalf of members of Onicha Town Union) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st and 2nd plaintiffs/respondents suing for themselves and members of the Onicha Amairi Autonomous Community of Ndi Eze, together with the 3rd and 4th plaintiffs/respondents, claimed against the appellants and the defendant/respondents, a declaration that the purported recognition of C 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.

HELD

Appeal dismissed

ISSUES

1. Whether the proviso to section 25 of Law No 11 of 1981 applied to the suit.2. Whether the suit was properly constituted.

RATIONES DECIDENDI

CONSTRUCTION OF STATUTE

An intention to legislate in contravention of the Constitution should not be imputed to the law-maker. Where an enactment can be construed and can operate as not to be inconsistent with the Constitution, such construction and manner of operation should be preferred to any other construction that would lead to inconsistency. Per E.O. Ayoola J.S.C.