Charles Ejike & Ors V. Nwakwesi Ifeadi & Ors (1998)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

This case has had a chequered history. The action commenced in the High Court of the former East Central State of Nigeria in the Onitsha judicial Division in 1975 when the plaintiffs (now appellants) took out a writ of summons claiming from the defendants (now respondents)

1. A declaration that the ‘Ndi Eze’ Society of Nsugbe is untraditional, a violation of Nsugbe Native Law and custom, and a negation or the concept of kingship.
2. An order restraining the said ‘Ndi Eze Society from maintaining or parading themselves as the ‘Eze’ (king) or Nsugbe.
3. An order restraining them from appointing or initiating people as Ndichie which is the prerogative right of the ‘Eze’ (king) of Nsugbe.
4. An injunction to restrain them, their servants and/or agents from using the known regalia of the ‘Eze’ (king) of Nsugbe, which are red cap, Nkponiru or Mpi-mgbada, and Okpu Ona (brass cap); or adopting the names; ‘Eze’ ‘Obi’ and ‘Igwe’, which are nomenclatures reserved for lhe ‘Eze’ (the Obi or Igwe) of Nsugbe.”

Pleadings were filed and exchanged. On 27th September, 1979, Obi-Okoye, J. (as he then was) sitting in the Onitsha Judicial Division of the High Court of Anambra State issued an order under Section 46(1) of the High Court Law, Cap. 61 Laws of Eastern Nigeria transferring the action from the Onitsha High Court to the Awkuzu Customary Court for hearing and determination.

The matter was still pending before the Awkuzu Customary Court when on 26th May, 1980, Araka, CJ issued the following order of transfer:

“IN THE HIGH COURT OF ANAMBRA STATE OF NIGERIA

IN THE MATTER OF THE CUSTOMARY COURTS EDICT NO.3

OF 1978 (AS AMENDED BY EDICT NO 22 OF 1970 IN THE MATTER OF SUIT NO. CCA/I/80- Charles Ejike &4 Ors V. Nwakwesi Ifeadi & 4 Ors.

IN THE MATTER OF ASSIGNMENT ORDER UPON READING the letter from President of Customary Court Grade 1 Awkuzu in respect of the above named suit;

AND AFTER CONSIDERING THE POINTS therein raised:

AND IT BEING FOUND EXPEDIENT in the interest of justice that this case be heard and determined by another customary Court Grade 1,

I, EMMANUEL OSELOKA ARAKA, ESQ, CHIEF JUDGE OF ANAMBRA STATE, in exercise of the powers vested in me under S.45(1) (b) of the Customary Courts Edict (Edict No.3 of 1978 as amended by Edict No. 22 of 1978), and all the other powers enabling me in that behalf, do hereby make the following:

ASSIGNMENT ORDER

THAT Suit No. CCA/1/80 – Charles Ejike & 4 Ors. v. Nwakwesi Ifeadi & 4 Ors. now pending at Customary Court Grade 1 Awzuku be and is hereby transferred to Customary Court Grade I Otuocha be heard and determined by that Court.

GIVEN under the hand and seal of the Hon. The Chief Judge of Anambra State this Monday, the 26th day of May. 1980.”