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  • 2005-10-17
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Ogologo v. Uche

OTUU OGOLOGO

OKO CHUKWU

IGNATIUS NWACHI

( For themselves and on behalf of the Traditional Council, Afikpo)

V

EKUMA UCHE & 6 OTHERS

SUPREME COURT OF NIGERIA

MUHAMMADU LAWAL UWAIS CJN ( Presided )

SALIHU MODIBBO ALFA BELGORE JSC ( Read the Lead Judgment )

AKINTOLA OLUFEMI EJIWUNMI JSC

DAHIRU MUSDAPHER JSC

SUNDAY AKINOLA AKINTAN JSC

SC.204/2000

FIRDAY, 15TH JULY, 2005

ADMINISTRATIVE LAW - Lawful functions of a body which has not been questioned - Whether court can interfere with

APPEAL - Concurrent findings of fact of lower courts - When Supreme Court will interfere with

CHIEFTAINCY MATTERS - Afikpo autonomous community - Distinction between Amadis and Umumgbeyi (‘stranger elements’) therein Whether still exists

CHIEFTAINCY MATTERS - Autonomous community - Constitution of How may be amended

CHIEFTAINCY MATTERS - Autonomous community in Ebonyi State How may be amended

CHIEFTAINCY MATTERS - Constitution of autonomous community How may be amended

COURT - Lawful functions of a body which has not been questioned Impropriety of court interfering with

COURT - Supreme Court - Concurrent findings of fact of the lower courts - When Supreme Court will disturb

CUSTOMARY LAW - Afikpo autonomous community - Distinction between Amadis and Umumgbeyi (‘stranger elements’) therein Whether still exists

CUSTOMARY LAW - Distinction between Amadis and Umumgbeyi ( ‘stranger elements’) therein - Whether still exists

GOVERNMENT - Autonomous community - Afikpo autonomous community, Ebonyi State - How autonomous Constitution of may be amended

Issues:

1.              Whether the court below was right to have affirmed the trial Judge’s dismissal of the case of the appellants.

2.              Whether the Court of Appeal was 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.

Facts:

This is a chieftaincy matter which was commenced at the Afikpo High Court (now in Ebonyi State) in 1987. The plaintiffs’ claim before the trial High Court was, inter alia, for a declaration that the 1st plaintiff is the person entitled to be presented to and recognised by the 9th defendant as the traditional ruler or Eze of Afikpo having been selected by the Traditional

Council of Afikpo; declaration that the plaintiffs are the persons entitled, in accordance with the customary law of Afikpo to select a traditional ruler/ Eze of Afikpo, etc. The judgment of the trial court was in favour of the defendants. The plaintiffs being aggrieved appealed to the Court of Appeal which also dismissed their claim on the merit. Being further aggrieved, they appealed to the Supreme Court.