The Court of Appeal sitting in Enugu has reinstated a foremost traditional ruler in Enugu State, HRH. IGWE CYRIL ANAYO ANOCHILI, who was sacked by the High court four years ago.
In a judgement delivered Friday in Appeal No: CA.E.115.2020 read by His Lordship, Hon justice Ridwan Maiwada Abdullahi, JCA, the court restored Igwe Anichili as the traditional ruler of Umuogbuagu Autonomous Community, Ugwuoba Oji River, Enugu State.
His Majesty was sacked in 2020 by an Enugu High Court of Justice in Suit No. HOR/ 17/ 2004 Anya O Anya & Ors Vs Chief Eugene Madubuko & ors.
Aggrieved, elders of the community through Chief Sir OAU Onyema Esq of Akpaagu Law House Enugu approached the Court of Appeal Enugu Division with 11 grounds of Appeal.
Prof. Zeph Chukwuemeka Ayogu – the lead Counsel to the Respondent stoutly opposed the appeal urging the Learned Justices of the Appellate court to stand behind one Chief Nathan Ezenagu Nwangwu, who was affirmed by the trial court.
In his submissions Sir OAU Onyema, maintained that the judgment of the trial court, removing a recognized traditional Ruler whose name is in the gazzette, without joining the Local Government Secretary, Commissioner for Chieftaincy matters, Attorney General of the state or Government of Enugu State, must be flawed.
The erudite Counsel posited that the learned Judge erred in law and misdirected itself when it directed that the name of the Plaintiff be forwarded to the Governor for Recognition / Issuance of Certificate.
He also noted that the Commissioner for Chieftaincy Affairs was not made a party and was not invited to give evidence in the suit. “Evidence abound that the Commissioner directed acts that were carried out in 2007 in respect of the election.”
Onyema further submitted that the Court erred in law when it held that the qualifying certificate for Igweship position in Enugu is a WASSCE Certificate and that the second defendant obtained a certificate in 2004 after he indicated interest.
“That WASSCE Certificate is not the minimum recognizable qualification for Igweship in Enugu State.
“That there is no provision in the Enugu state Traditional Rulers Law for WASSCE certificate or any such Certificate. Indication of interest is not same as being a candidate for election. Preparation and screening of candidates did not end before 2004.
“That Parties were still visiting the Ministry of Chieftaincy in respect of qualification in 2005.The Government has power to decide who is qualified or not by virtue of the Traditional Rulers Law of Enugu State 2004.
“That 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.That the selection of a person as Traditional Ruler is not dependent solely on the community’s constitution.That the Governor may recognize a person as a Traditional ruler consistent with the traditional rulers Law.
“That the stool of the Traditional Ruler of Umuogbuagu and the person of Igwe Cyril Anochili has been gazetted.
“That the trial court erred in law when it held against the fact that, Proper and Necessary Parties, like the Ministry of Chieftaincy Affairs Enugu State, Secretary to the Oji River LGA, and Enugu State Government were not joined as defendants in this suit, for proper adjudication of the matter, hence occasioning a miscarriage of justice.”
After a robust argument between the appellants and respondents counsels, Sir OAU Onyema and Prof Zeph Chukwuemeka Ayogu respectively on Thursday 16th March, 2024, when the appeal was finally adopted, the Appeal Court found merit in the appeal, and resolved the issues for determination in favour of the Appellants.
The Court declared the appeal successful, and upturned the Judgment of the High Court of Enugu State delivered on 16th day of March, 2020 by His Lordship, Hon. Justice A.A. Nwobodo.
