The Court of Appeal sitting in Enugu on Friday reinstated His Royal Majesty, Igwe Cyril Anayo Anochili, as the traditional ruler of Umuogbuagu Autonomous Community, Ugwuoba, Oji River LGA, Enugu State.
Daily Gazette gathered that Igwe Anochili was removed from his position in 2020 by the state’s High Court.
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Dissatisfied with the High Court’s decision in suit No: HOR/17/2004, Igwe Cyril Anayo Anochili appealed the judgment, seeking its nullification.
Counsel for the respondents, Prof. Zeph Chukwuemeka Ayogu, represented by Barr. Chinedu Achu, urged the appellate court to uphold the trial court’s judgment, which favored Chief Nathan Nwaezenagu Nwangwu, and dismiss the appeal for lacking merit.
Daily Gazette recall that the Court of Appeal had previously quashed an interlocutory application by the appellants’ counsel to submit additional exhibits at appeal, defending the third appellant’s credentials, being Igwe Anochili.
Counsel for the appellant, Sir OAU Onyema, argued that the trial court’s judgment should be voided because it removed a recognized traditional ruler, whose name is in the gazette, without involving the Local Government Secretary, Commissioner for Chieftaincy Matters, Attorney General of the state, or the government of Enugu State.
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“The learned judge erred in law and misdirected himself when he directed that the name of the plaintiff be forwarded to the Governor for recognition/issuance of a certificate. This is because the Commissioner for Chieftaincy Affairs was not made a party to the suit nor invited to give evidence in the suit.”
“The trial court held that the qualifying certificate for the Igweship position in Enugu is a WASSCE Certificate and that the second defendant obtained a certificate in 2004 after he indicated interest. WASSCE Certificate is not the minimum recognizable qualification for the Igweship in Enugu State. There is no provision in the Enugu State Traditional Rulers Law for a WASSCE certificate or any such certificate. Indication of interest is not the same as being a candidate for election.”
He further argued that “the Government has the power to decide who is qualified or not by virtue of the Traditional Rulers Law of Enugu State 2004. The qualification required of a person to become a traditional ruler is clearly provided in the Traditional Rulers Law CAP 151, Revised Laws of Enugu State of Nigeria, 2004.”
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“The trial court’s inclination to rely on the plaintiff’s counsel on Order 13 Rule 15(1) of the High Court Rules 2006 to oust the issue of non-joinder of the persons named in Section 5 of the Traditional Rulers Law, CAP 151 Revised Laws of Enugu State 2004, being the Governor, Commissioner, and Secretary to the LGA, was erroneously resolved in favor of the plaintiffs; yet an order was made against the people not joined, despite the fact that the ‘contentious issue at stake’ is an act already completed by those not joined, as mentioned herein.”
Sir OAU Onyema maintained that “the trial court awarded reliefs not prayed for by the plaintiffs, by suo moto generating a consequential application, and determining the same in favor of the plaintiffs by saying ‘Following from the orders made above, this court needs to give effect to this judgment by making a consequential order.'”
“The trial court erred in law when it made an order against a non-party to a suit, who had no opportunity to defend himself, being the Governor of Enugu State; hence occasioning a grievous miscarriage of justice.” he argued.
Delivering it’s judgment in the appeal number No: CA.E.115.2020, the presiding judge, Hon. Justice Ridwan Maiwada Abdullahi, overturned the High Court’s judgment delivered on March 16, 2020, by Justice A.A. Nwobodo.
The appellate court, finding merit in the appeal, resolved the issues in favor of the appellants.
Speaking with Daily Gazette correspondent after the judgment, His Royal Highness, Igwe Cyril Anayo Anochili, hailed the judgment as landmark and stated that truth had prevailed.
He paid tribute to the judiciary for being the last hope of the common man and thanked his subjects who stood with him till the end.
