(1997) JELR 45463 (SC)    

Supreme Court  ·  SC.152/1994 ·  14 Mar 1997 ·  Nigeria
Other Citations
Mil.Gov Anambra State v Ezemuokwe (1997) 3 NWLR (Pt.494) 374
Mil. Gov., Anambra State v. Ezemuokwe (1997) 3 NWLR (Pt. 494) 374
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
traditional ruler
traditional ruler of achina
1st defendant
court of appeal
notice of intention
section 26a of the traditional rulers law
learned trial judge
traditional rulers
traditional rulers law
2nd defendant
igwe of achina
military governor
withdrawal of recognition
edict no.2
government of anambra state
military governor of anambra state
certificate of recognition
high court
5th defendant
class of persons
foregoing reasons
further affidavit
given time
recognition of the plaintiff
traditional rulership
achina town
briefs of argument
chieftaincy constitution of the achina community
customary law of achina
exhibit a
exhibit a.
people of achina
photocopy of the said letter
popular support of the majority of achina people
press notice
provisions of the traditional rulers edict
purposes of this appeal
said community
section 26a of the traditional rulers
such provision
traditional ruler of achina town community
traditional ruler of my intention
traditional rulers law of that state
usages of the achina community
withdrawal of the said plaintiff
words of section

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claims against the defendants in the High Court are as follows: -

"1. A declaration that the plaintiff was properly and validly installed and capped the Obi or Igwe of Achina in 1959 by the people of Achina and has since enjoyed and still enjoys the popular support of the majority of Achina people.

2. A declaration that the recognition of the plaintiff as the traditional ruler of Achina by the Military Governor of Anambra State in 1977 was valid and the certificate of recognition issued to him in November 1977 proper and in accordance with law.

3. A declaration that the withdrawal of the said plaintiff's recognition by the 1st defendant which was made public by press notice issued by the 2nd defendant on the 26th of July, 1991, without giving the plaintiff a hearing constituted a serious violation of his constitutional rights and the principles of natural justice and is therefore null and void.

4. A declaration …

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