By Frederick Odu
A Delta State High Court sitting in Asaba has ruled that it has the jurisdiction to adjudicate in the suit challenging the selection of Prof Epiphany Azinge, SAN, OON; first defendant in the case, as the Asagba designate and his subsequent coronation as the 14th Asagba of Asaba.
Giving the ruling, Justice Mrs P. N. Obanor, held that the first defendant failed to establish, in his Motion on Notice dated February 7, 2025, that the Court lacked jurisdiction to entertain the suit.
After due consideration of the application and the affidavit in support, the counter-affidavit and addresses of the claimant and the defendant, Justice Obanor said there were two issues for determination: “Whether the suit is incompetent because it is founded upon an undated, unsigned and unregistered customary law declaration, and whether the alleged failure of the claimant to comply with statutory preconditions renders the suit incompetent and deprives the Court of jurisdiction”.
She ruled the first issue against the defendant, upholding that it would be premature for the Court to pronounce the suit incompetent merely because the applicant speculated that the document relied upon by the claimant, Ogbueshi Anthony Konwea, might be defective.
On the second issue, the Presiding Judge agreed that where a statute prescribes certain steps to be taken before an action might be brought, those steps constitute a condition precedent to the court’s exercise of jurisdiction.
Justice Obanor, however, made reference to a Supreme Court judgement which held that ‘members of a ruling house with a legitimate interest in a chieftaincy title have the locus standi to institute proceedings relating to that title.
‘’I am of the view that it will be unsafe at this preliminary stage to hold that the claimant lacks locus standi or that the action is incompetent. But having carefully examined the affidavit evidence and submission of counsel, I find as follow
‘’That the objection relating to the alleged unsigned declaration concerns evidential matters best determined at trial; that the allegation of non-compliance with statutory preconditions raises questions of fact that cannot be conclusively resolved on affidavit evidence alone”, the Judge said.
Addressing Journalists on the rulings, the Chief of Staff to the Asagba of Asaba, Ogbueshi Barr. Philips Nwaokolo, said the court’s decision would be appealed, and the fire of litigation tested in higher courts.
‘’We are still insisting that there are some fundamental issues and technical objections raised by our counsel. Therefore, since the Court of first instance has resolved it against us, we need to test the fire of litigation further.
“We will consult with our lawyers, and I think the best thing is to appeal this decision”, he said.
Earlier, Counsel to the first defendant, Chike Onyemenam, SAN, had prayed the court to strike out the suit, arguing that the claimant relied on the old Bendel State Traditional Rulers and Chieftaincy Edit of 1979, which has been amended by the Traditional Rulers Council and Chieftaincy Laws of Delta State 2006 (as amended).
Accordingly, the defendants contended that the claimant had no locus standi to file the suit without fulfilling the mandatory conditions provided for before filing an action in court, adding that the court could only assume jurisdiction to entertain the suit after the preconditions had been fulfilled by the claimant.
The claimant, in a counter-affidavit, insisted that he had the locus standi to institute the action, having fulfilled all the preconditions provided for in the Traditional Rulers Council Edict
