CORAM

SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT

SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

DAHIRU MUSDAPHER JUSTICE, SUPREME COURT

PARTIES

1. OTUU OGOLOGO2. OKO CHUKWU3. IGNATIUS NWACHI(For themselves and on behalf of the Traditional Council, Afikpo) APPELLANTS

1.EKUMA UCHE2. OTI BALI3. GABRIEL ANIGO AGWOR4. EWA IKWOR5. OTU OKORO UKA6. THE ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE ABIA STATE (NOW, EBONYI STATE)7. THE MILITARY ADMINISTRATOR OF ABIA STATE (NOW THE GOVERNOR, EBONYI STATE) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant claimed that only their community has the power to appoint someone to the chieftaincy stool in dispute but it was found that the the constitution of the community recognized the defendants as entitled to traditional rulership.

HELD

The court held that the constitution cannot changed by the court without an amendment to that constitution.

ISSUES

1. In view of the admission of DW4 that the Appellants and not the Respondents are the descendants of Afikpo (Ehugbo), was the court below right to have affirmed the learned trial judge’s dismissal of the case of the Appellants?2. Was the Court of Appeal correct to have affirmed the trial court’s decision not to set aside Exhibit ‘K’ when the same trial court found that it failed to comply with legal requirements.3. Was the Court of Appeal correct to have held that the Appellants did not make out a case in support of issue 3 for determination at the Court of Appeal?

RATIONES DECIDENDI

CASES CITED

1) WAEC v Mbamalu (1992) 9 NWLR (Pt.315). 1;2) Ajakaiye v Idehai (1994) 8 NWLR (Pt. 364) 5043) Balogun V. Agboola (1974) 10 SC 111;4) Lokoyi V. Olojo (1980) 2 SC NLR 127;5) Chinwendu V. Mbamali (1980) 3-4 SC 31;6) Ibhafidon V. Igbinosi (2001) 5 SCM, 82; (2001) 8 NWLR (Pt. 716) 653 at 660;7) Akinsanya V. U.B.A (1989) 3 NWLR (Pt. 107) 101;8) Odonigi V. Oyeleke (2001) 4 SCM, 127, 6 NWLR (Pt. 708) 12 at 32

STATUTES REFERRED TO

NONE

CLICK HERE TO READ FULL JUDGMENT