CORAM

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M.L. UWAIS – CHIEF JUSTICE NIGERIA

A.B. WALI – JUSTICE, SUPREME COURT

SAIFULLAHI MUNTAKA-COOMASIE, JUSTICE, SUPREME COURT

SOWMIMO, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

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PARTIES

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CHIEF P. D. C. OKENWA APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The plaintiff was the traditional ruler of Ihitenansa Autonomous Community and was subsequently withdrawn from such by Imo State Government is contrary to the Imo State Chieftaincy Law No. 22 of 1978.

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HELD

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There will be costs to the appellant against each set of respondents which I fix at N200.00 in the court below and N1000.00 in this court.

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ISSUES

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Whether an appellant’s reply brief may also contain a supplementary brief, separately and distinctly marked, following leave granted by the court, after the appellant had filed his appellant’s brief, for the said appellant to file a supplementary brief in support of a new issue to be raised in the appeal.

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RATIONES DECIDENDI

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PURPORT OF TRADITIONAL RULERS AND AUTONOMOUS COMMUNITIES LAW NO. 11 OF 1981

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In the present case, the point of law raised, even from the arguments advanced in the briefs of the parties, clearly admits of more than one interpretation. A decision thereupon is not only necessary but crucial to a just determination of the suit which concerns who, in law, is the Traditional Ruler of the autonomous community in question. I am therefore of the view that the question as to the true interpretation and effect of the provisions of the said Traditional Rulers and Autonomous Communities Law No. 11 of 1981, the subject matter of the fresh point sought to be raised, is a substantial point of law for the determination of the court below. Whether, however, it is valid or meritorious, as I have observed, is quite a different matter. Per IGUH, JSC

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CASES CITED

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STATUTES REFERRED TO

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