OKEAHIALAM & ANOR. V.NWAMARA (ISINZE ONICHA) & ORS.

(2003) JELR 46843 (SC)

Supreme Court 11 Jul 2003 Nigeria
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Case Details

Suit Number:SC.196/1999
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Counsel:Dr. A. N. Aguwa, Esq. For Appellant Chief M.I. Ahamba, SAN (with him. O.C. Ihenachor [Mrs.]) For Respondent
Other Citations:Okeahialam v. Nwamara (2003) 12 NWLR (Pt. 835)597

E. O. AYOOLA, J.S.C. (Delivering the Leading Judgment): The 1st and 2nd plaintiffs/respondents suing for themselves and members of the Onicha Amairi Autonomous Community Council of Ndi Eze, together with the 3rd and 4th plaintiffs/respondents, claimed in an action instituted in the High Court of Imo State, sometime in November, 1993, against the appellants and the defendants/respondents, a declaration that the purported recognition of Chief I.U. Okeahialam, the 1st appellant, as the Traditional Ruler of Onicha Amairi Autonomous Community "is illegal, and a nullity having been obtained fraudulently and contrary to the provisions of the relevant law," and, consequential reliefs.

The plaintiffs/respondents' case in the High Court was that the 1st appellant was neither selected, presented nor installed as traditional ruler pursuant to what they described as a 'chieftaincy constitution' which they alleged came into force on 12th May, 1979, and that the 4th defendant was deceived into recog…

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