Monarch Dragged to Court for Allegedly Flouting Constitution

OluchiChibuzor

There  is uneasy calm threatening peaceful co-existence in Obokwu-Obizi, a sleepy autonomous community in Ezinihitte-Mbaise, Imo State.

One of the kindreds in this community is concerned about an emerging autocratic leadership allegedly by their monarch that seeks to dictate; a Monarch that resents inalienable rights of freedom of association as enshrined in Nigeria’s 1999 Constitution (As amended); and abhors inclusiveness and collaborative environment.

This kindred called Umugwu feels aggrieved by the alleged high-handedness of its traditional ruler, EzeCaniceOsuagwu, but most importantly for insisting on foisting one EmekaOdibo on the kindred, as Nze, against the democratically expressed vote-of-no-confidence by the majority of the kindred’s sons.

As a last resort, the kindred has approached Imo State High Court for a “declaration that by the interpretation of the ‘Constitution of Umugwu Kindred Obokwu Forum 2024’ and the ‘2005 Eze-Obokwu Constitution’, the position of an Nze is not lifetime or permanent, and empowers the kindreds that make up Obokwu autonomous community to recall, withdraw and derecognize an Nze representing their kindred in the Eze-in-council of obokwu autonomous community.”

In the suit filed on their behalf by Okwuteonu Chambers, the kindred also seeks a declaration that by a community reading of article 12(a) (b) and (c) of the Constitution of Umugwu kindred Obokwu forum 2024 and section 15(3) of Eze-Obokwu 2005 constitution, Umugwu kindred has unfettered discretion to select and as well to derecognize, reject, withdraw and/or recall the 1st defendant (EmekaOdibo) as Nze representing Umugwu kindred and substituting him as permitted by the constitution of  Umugwu kindred Obokwu forum 2024.

The kindred further requested the High Court for a “declaration that defendants’ (EzeCaniceOsuagwu, Palace Secretary) actions of neglecting, refusing and desisting from honoring the unanimous decisions of the plaintiffs’ recalling and/or derecognizing the 1st defendant as Nze of Umugwu kindred through written correspondences to him and substituting him with 2nd plaintiff to henceforth represent them in ObokwuEze in Council meeting ultra vires their powers and therefore illegal and of no legal effect whatsoever.”

In an affidavit in support of the originating summons, the leadership of the kindred outlined the genesis of the collective decision of the kindred to de-recognise their Nze and replace him accordingly.

In the affidavit, they affirmed that the 1st Defendant (EmekaOdibo) was unanimously appointed to represent the interest of Umugwu Kindred and people in ObokwuEze-in-Council meetings in line with native law and customs of Obokwu Autonomous Community and Umugwu Kindred people, noting that every Kindred in Obokwu-Obizi Autonomous Community has their own laws written or unwritten that govern their internal activities which includes the appointment and recall of an Nze whom they selected to represent them at Eze-in-Council of Obokwu Autonomous Community.

In the Affidavit sworn to on June 3, 2025, it stated that Umugwu Kindred has its own Law known as the “Constitution of Umugwu Kindred, Obokwu Forum 2024” which governs its internal activities which includes the qualification to be appointed an Nze, procedures of appointing an Nze, recall of an Nze, stating that this constitution is binding on all members of Umugwu Kindred including the 1st Defendant (EmekaOdibo). According to the Affidavit, Umugwu Kindred is duly registered and fully incorporated with the Corporate Affairs Commission.

 The plaintiffs further deposed that the presentation of an Nze to Ezeobokwu for coronation as Nze representing her Kindred is by election; that Nze position in Umugwu Kindred is rotational and not hereditary or lifetime; that by the Constitution of Umugwu Kindred, an Nze representing her in the Eze-in-Council of Obokwu Autonomous Community is answerable and accountable to the Kindred; and that the duty of an Nze of the Umugwu Kindred while representing Umugwu Kindred in the Eze-in-Council of Obokwu Autonomous Community is clearly spelt out in Umugwu kindred constitution.

Recounting the genesis and the due process followed in recalling EmekaOdibo as their Nze, the Affidavit stated that upon various complaints expressed by Umugwu people, the leadership of the kindred wrote a letter to the larger body called “Umugwu Home and Abroad Association” wherein they complained bitterly about the lackadaisical attitude and absconding of official duties by EmekaOdibo.

The expanded body of Umugwu Kindred Association consequently wrote a letter to EmekaOdibo and demanded that he replies same and defend some of the allegations therein. Unfortunately, EmekaOdibo not only ignored the letter but refused to respond to same as clearly requested.

The plaintiffs stated that as a result of Odibo’s action of disregarding the entire kindred, an enlarged general meeting of Umugwu Home and Abroad was convoked wherein this issue formed part of the Agenda for the meeting. After critical deliberation and weighing of options, it was unanimous that a vote of no confidence be passed and was indeed passed on the 1st Defendant (EmekaOdibo) thereby effectively recalling him as Nze representing Umugwu Kindred at ObokwuEze in council meetings.

Upon the decision recalling the 1st Defendant as Nze of Umugwu, the Umugwu Kindred Obokwu Forum conveyed their decision to the 2nd Defendant (EzeCaniceOsuagwu) through a letter notifying the 2nd and 3rd Defendants that they had settled for a date to coronate a new Nze following the vote-of-no-confidence on 1st Defendant. They also notified other clans in Obokwu which they belong to. The date chosen was April 19, 2025, to withdraw the title of Nzeship from 1st Defendant and to introduce 2nd Plaintiff as the new Nze-Elect.

The 2nd and 3rd defendants duly received the aforesaid letter but in reaction, they wrote a letter to the President and members of Umugwu Kindred Obokwu Forum expressing displeasure at the recall of the 1st Defendant on the grounds that due process was not followed.

In paragraphs 2 and 4 of the letter signed by the 2nd and 3rd defendants, it stated inter alia that “the approach of NdiUmugwu to this matter…contravene the process of installation and conferment of NdiNze in Obokwu,” and went further to assert that “NdiUmugwu or any kindred in Obokwu do not have the right to recall a conferred Nze in Obokwu because it is a lifetime office.”

However, the plaintiffs in their affidavit submitted that by the clear provisions of the constitution regulating the affairs and conduct of parties to which 1st and 2nd Defendants are bound to follow, the 1st Defendant is not an Nze for life because the 2024 constitution of Umugwu Kindred gave discretion to the people for a recall where he does not meet up with his duties to the Umugwu people; that the constitution of Umugwu kindred makes clear provisions as to the recalling of an Nze and the circumstances where he could be recalled; and that failure to participate in Umugwu meetings and functions and to attend burial ceremonies of notable sons and daughters of Umugwu Kindred including failure to sit and arbitrate on land disputes and other civil disputes involving Umugwu people  are infractions, abuse of office that necessitated his recall and  de-recognition as Nze representing Umugwu Kindred.

To substantiate EmekaOdibo’s dereliction of duty, the plaintiffs cited the instance when the 1st defendant glaringly opposed the burial of an indigene of Umugwu Kindred in his father’s compound simply because the father of the deceased person and the mother are having family rift.

The Affidavit further stated that the 1st Defendant played a partial role which led to an embarrassing situation wherein the corpse of the deceased laid in morgue for nearly six months, leading to the intervention of notable sons and daughters of Umugwu Kindred who threatened court action against 1st Defendant and the father of the deceased.

Further to the reliefs sought in court, the plaintiffs further averred that the 2nd and 3rd Defendants lack the powers to stop or hinder the unanimous decision taken by sons of Umugwu Kindred to recall the 1st Defendant as their representative in Obokwu functions; that the 2nd and 3rd defendants lack powers to perpetuate the 1st Defendant as the Nze of Umugwu where 1st Defendant has been duly removed, recalled and derecognized as Nze of Umugwu; and that by the 2024 Umugwu constitution and 2005 EzeObokwu Constitution to which parties willingly submitted to, the defendants cannot act contrary to the said document they have benefitted from.

The plaintiffs therefore requested the court to ensure strict compliance to the provisions of any law parties willingly submit to, noting that it is in the interest of justice and fairness to grant their application.

As the people of Obokwu-Obizi autonomous community wait with baited breadth for the commencement of the legal fireworks in the High Court, this case could set a precedent in Imo State for the relationship between traditional institutions and modern governance structures. This underscores the need for leadership with empathy, compassion and which prioritises the well-being and concerns of the people, rather than the sense of entitlement and entrenched interest of a few.

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