MILITARY GOVERNOR, ANAMBRA STATE & ORS VS JOB EZEMUOKWE

CORAM

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

A.I. IGUH

PARTIES

THE MILITARY GOVERNOR, ANAMBRA STATEVINCENT A. ANIAGOH, DEPUTY-GOVERNOR, ANAMBRA STATETHE ATTORNEY-GENERAL, ANAMBRA STATEMICHAEL Z. C. OKPALADR. A. O. EZEAKU APPELLANTS

JOB EZEMUOKWE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

ACTION, PRE-ACTION NOTICE, REQUIREMENT
SUMMARY OF FACTS
The plaintiff was accorded recognition as the traditional ruler, by the then Military Governor of Anambra State pursuant to the Traditional Rulers Law of that State. Another Governor of Anambra State, the 1st defendant, by letter withdrew the recognition from the plaintiff as traditional ruler and informed the plaintiff that he had accorded recognition to the 4th defendant as the Traditional Ruler . Aggrieved by the said letter of withdrawal of recognition, Plaintiff instituted this action.

HELD

All the issues having been decided against the appellant, the appeal must be dismissed. It is accordingly dismissed with one thousand naira (N1,000.00) costs in favour of the plaintiff/respondent.

ISSUES

Whether the Court of Appeal was correct in holding that the plaintiff was not a person bound to give notice to the Governor/ Public Officers under section 26A of the Traditional Rulers Law before instituting this suit.

RATIONES DECIDENDI

STATUS OF A DETHRONED OR DE-STOOLED RULER

I believe it is common sense which accords with the law that a dethroned or de-stooled ruler cannot continue to answer as ruler after such dethronement

STATUS OF A DETHRONED OR DE-STOOLED RULER

There cannot be two or more traditional rulers in a community at one and the same time. On withdrawal of recognition, a dethroned or de-stooled traditional ruler translates to an ordinary citizen devoid of all vestiges of a traditional ruler.