The Enugu State High Court today, 12th February 2025, delivered a significant and far-reaching judgment in the long-standing dispute regarding the Igweship of Mburubu, a community in Nkanu East Local Government Area of Enugu State. The court’s decision was in favour of the Mburubu Town Union, officially barring Mr. Jerry Onuokaibe from contesting the Igweship stool or parading himself as Igwe or Igwe-elect of Mburubu.
The presiding judge, Justice C.O. Ajah, thoroughly examined the legitimacy of the Mburubu General Assembly, the group that had earlier assumed responsibility for organizing a selection and election process for the Igwe of Mburubu. In a critical ruling, Justice Aja declared that the Mburubu General Assembly was an unauthorized entity without any legal standing. Describing the group as a “faceless organization and interloper,” the court found that its actions were not only invalid but also unlawful. Moreover, the judge emphasized that the Mburubu General Assembly was not registered with the Corporate Affairs Commission (CAC), further rendering its actions legally null and void.
In the course of the judgment, Justice Aja also addressed the issue surrounding the 1976 purported constitution of Mburubu, a document that Mr. Onuokaibe had presented as the basis for his claim to the throne. The court categorically ruled that the 1976 constitution, which had been circulated as a code of conduct for traditional rulers in the old Eastern region, was not intended as the governing constitution of Mburubu. The judge clarified that this document was merely a guideline, offering rules for traditional rulers within the Eastern region, but it was never intended as a legally binding statute or gazette law.
The court stressed that the true and only valid legal document governing Mburubu is the 2003 Constitution of the Mburubu Town Union, which has been recognized by the Enugu State government. The judge underlined that the 2003 constitution is the operative framework for the community and is legally enforceable.
In its judgment, the court drew a clear distinction between the 1976 code of conduct and the Mburubu Town Union’s constitution of 2003. While the 1976 document included a rotation system for the traditional rulers, the court pointed out that the rotation had been revised and rectified by the Mburubu Town Union under the 2003 constitution. The updated constitution had incorporated an arrangement based on seniority, ensuring a more orderly and structured system for leadership selection. This updated version of the constitution supersedes any previous arrangements, documents, or understandings, making the 1976 code irrelevant in the present context.
Additionally, Justice Aja took the opportunity to clarify the legal procedures for the election and removal of traditional rulers in Enugu State. The court emphasized that the law only mandates that the election or removal of a traditional ruler be published in the gazette, and such action is necessary for legal recognition. The judge further noted that in 1976, the administrative structure of Enugu State, including the establishment of Nkanu Local Government Area, had not yet been constituted. As a result, any traditional leadership selection process prior to that time was legally unenforceable.
In further clarification, Justice Aja made a key pronouncement regarding the rightful heir to the Igweship of Mburubu. The judge stated that the Igweship stool of Mburubu is only open to individuals from Uhuegbe village, which holds the second position in the order of seniority within the community. This pronouncement solidified that the stool is reserved for individuals from this village, which has long held the right to produce the next Igwe in line.
Justice Aja specifically pointed out that Mr. Onuokaibe, who hails from Umunafor village, the fifth in the order of seniority, is constitutionally barred from contesting the Igweship. The judge ruled that because Mr. Onuokaibe’s village does not hold the necessary position in the seniority order, his claim to the throne is not only illegitimate but in direct contravention of the established traditions and legal framework governing the selection of traditional rulers in Mburubu.
Following the judgment, the court imposed a fine of N500,000 on both Mr. Onuokaibe and the Mburubu General Assembly in favour of Mburubu Town Union and Chief Linus Igbudu. The penalty was levied for their actions in obstructing peace within the community and wasting judicial resources. This fine serves as a stern reminder of the necessity for individuals and groups to operate within the bounds of the law when engaging in traditional leadership matters, especially in situations that impact the peace and governance of local communities.
In a final directive, the court ordered that the Mburubu Town Union organize Igweship election within 21 days. The Ministry of Rural Development and Chieftaincy Affairs of Enugu State has been tasked with overseeing the election process to ensure compliance with the 2003 Constitution of the Mburubu Town Union. The court’s intervention aims to restore order and legitimacy to the process of selecting the Igwe of Mburubu, effectively bringing an end to the dispute that has marred the community’s leadership for some time.
This judgment is being hailed as a victory for the rule of law, signaling that the courts are committed to safeguarding the integrity of traditional institutions in Enugu State. It reaffirms the importance of abiding by legal procedures and ensures that the community of Mburubu can now move forward with a clear, legitimate, and lawful process for electing its traditional ruler.
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