CORAM
U. MOHAMMED
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JUSTICE OF THE COURT OF APPEAL
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)
PARTIES
EZE LAMBERT OKOYE AKUNEZIRI APPELLANTS
1. CHIEF P.D.C OKENWA2. THE MILITARY GOVERNOR OF IMO STATE3. THE ATTORNEY – GENERAL, IMO STATE4. COMMISSIONER FOR LOCAL GOVERNMENT, IMO STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st respondent was refused recognition as a traditional ruler by the Governor pursuant to the findings of a tribunal of enquiry which found him guilty of the allegations of misconduct levelled against him by his people. The appellant was then selected by the community and recognised by the Governor.
HELD
The court allowed the appeal and held that the Governor acted within the bounds of the law in removing the 1st respondent as traditional ruler.
ISSUES
Whether the Imo State Government’s withdrawal of recognition of the 1st respondent as the traditional ruler of Ihitenensa Autonomous Community is contrary to Imo State Chieftaincy Law No. 22 of 1978
RATIONES DECIDENDI
THE POWER OF THE GOVERNOR TO WITHDRAWN RECOGNITION OF A CHIEF UNDER CHIEFTAINCY LAW OF IMO STATE (I. S.L. 22 OF 1978
The purport of S.15 of the Chieftaincy Law of Imo State (I. S.L. 22 of 1978) is unambiguous. The Governor can set up an inquiry there under; and if satisfied that the particular chief no longer enjoyed popular support of his community in the report of that inquiry he can withdraw recognition from him-
CASES CITED
Ude v. Nwara (1993) 2 N.W. L R. (Pt. 278) 638 and 644|University of Nigeria Teaching Hospital Management Board v. Nnoli (1994) 8 NWLR. (Pt. 363) 376 at 401
STATUTES REFERRED TO
The Chieftaincy Law of Imo State (I. S.L. 22 of 1978|