Military Governor Of Imo State & Anor V. Chief B. A. E. Nwauwa (1997)
LAWGLOBAL HUB Lead Judgment Report
E. OGUNDARE, J.S.C.
The plaintiff (who is respondent in this appeal) was, at one time, the Eze (traditional ruler) of lzombe Autonomous Community in the Ohaji/Egbema/Oguta Local Government area of Imo State. He was so recognised by the Military Governor of Imo State by a certificate of recognition dated 8th day of July, 1979. Following allegations made against him by some members of the community which led to disturbances in the area on 12/12/87, the Military Governor in exercise of the powers conferred on him by the Commission of Inquiries Law Cap 24 Laws of Eastern Nigeria Traditional Rulers and Autonomous Communities Law, No.11 of 1981 appointed a Panel of Inquiry to investigate the allegations, particularly whether:
“1. The actions of Eze Nwauwa in the events that led to the disturbances in lzombe on 12th December, 1987 amounted to grave misconduct and in particular whether,
(i) Eze Nwauwa was irreconcilably in confrontation with lzombe Development Union;
(ii) Eze Nwauwa disregarded the community’s code of conduct by dissolving and reconstituting community’s institutions arbitrarily;
(iii) Eze Nwauwa had lost the broad or popular support of his people;
(iv) Eze Nwauwa misappropriated various specified communities’ funds viz- (a) N1,000.00(b) N1,750.00 (c) N400.00, (d) N3,000.00 (e) N890.00:
(v) Eze Nwauwa had saddled the community with payment of N8,000.00 contract variation;
(vi) Eze Nwauwa caused the suspension of scholarship awarded to members of Izombe community by Ashland Oil Company;
(vii) Eze Nwauwa forestalled a scheduled meeting of the community’s delegation with the Ashland Oil Company.”
The Panel carried out its assignment and submitted a report to the Governor. The Imo State Government issued a white paper dated 26th July, 1989 (Exhibit A in these proceedings) on the report. The white paper contained the decision of the Governor to withdraw recognition of the plaintiff as the Eze of Izombe Autonomous Community. The white paper was followed by a legal notice No. 21 of 1989 dated 10th August 1989 giving effect to the decision.
The plaintiff thereupon instituted the action leading to this appeal wherein he claimed, as per paragraph 24 of his amended statement of claim –
“(a) A declaration that S. 18 of the Traditional Rulers and Autonomous Communities Law of Imo State No. 11 of 1981 to the extent that it empowers an Administrative Inquiry to try ‘charges’ of grave misconduct and/or criminal offences is in conflict with S. 33(4) of the 1979 Constitution of the Federal Republic of Nigeria and is therefore null and void, and of no effect.
(b) A declaration that the findings of the Administrative Panel of Inquiry set up by the Imo State Government to the effect that the plaintiff is guilty of fraud, embezzlement, corruption and/or any other criminal offence is null and void, contrary to the rules of natural justice, and offends against the provisions of S. 33(4) of the unsuspended 1979 Constitution of the Federal Republic of Nigeria.
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