The Court of Appeal, Enugu has affirmed the judgment of the Enugu State High Court presided by Hon. Justice R. O. Odugu delivered on the 27th day of July, 2018 which dethroned the Traditional Ruler of Okpogho Community, Ezeagu L.G.A of Enugu, Pastor Linus Chimereze.
In a leading judgement delivered today, 1/8/2023 by Hon. Justice Olubunmi Oyewole, the Court of Appeal affirmed the judgment of the trial court and held that purported election of the Traditional Ruler did not only contravene the Traditional Ruler’s Laws of Enugu State but was characterized with impunity and irregularities.
The Court therefore dismissed the appeal as being devoid of merit and went further to award costs of N250,000 against the Appellant in favour of the Respondents.
All the five issues formulated on behalf of dethroned Igwe were resolved against him and in favour of the Respondents. A. I. Ani SAN in arguing the appeal had urged the court to set aside the judgment of the trial court as according to him, the court had no jurisdiction to hear the matter in that writ of summons and claim were not signed by the Plaintiffs or their Counsel. S. A. Okolo Esq for the Respondents countered and insisted that the originating processes had no defects in them as they were properly signed by Counsel.
In the final analysis, the Court after resolving all the five issues against the Appellant, dismissed the appeal No. CA/E/859/2018; Pastor Linus Chimereze vs. Chief Onuorah Cosmas & 2 Ors.
