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OGBONNA
V.
THE AG OF IMO STATE & ORS.

(1992) JELR 42403 (SC)

Supreme Court 7 Feb 1992 Nigeria
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- The case involves a dispute over the selection of a traditional ruler in a community. - The plaintiff argues for a rotational system outlined in the community's constitution, while the defendants argue for any qualified candidate from any

Case Details

Suit Number:SC.22/1990
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria
Counsel:A.B.C. Ikeotuonye. SAN. (with him. A. Nwaiwu and I. Kokumo) For Appellant M.M. Akunnerne, Director of Civil Litigation, Ministry of Justice, Imo State C.C. Akpamgbo, SAN (with him, E. Nwosu and E. Iheme) U.N. Udechukwu For Respondent
Other Citations:Ogbonna v. A.G. Imo State (1992) 1 NWLR (Pt. 220) 647 (1992) 2 SCNJ 26, (1992) 1 NWLR (Pt. 220) 647

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is a further appeal to this Court against the judgment of the Court of Appeal Port Harcourt Division dated the 3rd day of May, 1989. That Court has dismissed the appeal of the plaintiff against the judgment of Nwachukwu, J., sitting at Mbano/Etiti Judicial Division of Imo State High Court.

The plaintiff had instituted an action against the defendants Nos. 1-3 claiming the following reliefs:

"Particulars of Claim

(a) Declaration that by the provisions of the Chieftaincy Constitution of Amainyi Autonomous Community 1978, in the Etiti L.G.A. within the jurisdiction, the selection, appointment and recognition of the Community's Traditional Ruler should be based on a rotatory system.

(b) Declaration that Chief Emmanuel Ogbonna, the plaintiff on record, having been selected in accordance with the provisions of the said Constitution is entitled to be presented and recognized by the competent authority in accordance with the rel…

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