AYOOLA, JSC (Delivering the Lead Judgment): The 1st and 2ndplaintiffs/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 AmairiAutonomous 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 recognising him. The…