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 declaring that Mr Jerry Onuokaibe was not elected Igwe of Mburubu legitimately qualified but self-imposed him on the people, as was orchestrated by a faceless group, Mburubu General Assembly.
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 Ajah 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.
Justice Ajah’s ruling also addressed the 1976 purported constitution of Mburubu, a document that Mr. Onuokaibe had presented as the foundation 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 never meant to serve as the constitution of Mburubu. The judge clarified that the document was a mere guideline for traditional rulers within the Eastern region, but it was not a legally binding statute or gazette law.
The court emphasized that the only legitimate governing document for Mburubu is the 2003 Constitution of the Mburubu Town Union, which has been officially recognized by both the Enugu State government and the law. The 2003 constitution is the current and enforceable legal framework for the community.
In further clarification, Justice Ajah 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 Ajah 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.
In the course of the hearing, 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 traditional rulers, the court noted that this rotation had been revised and rectified by the Mburubu Town Union in the 2003 constitution. The updated constitution now follows a more structured system based on seniority within the community, which ensures that traditional leadership is chosen from the appropriate village in the hierarchy.
Additionally, Justice Ajah clarified the legal procedures for the election and removal of traditional rulers in Enugu State. The court emphasized that only the election or removal of a traditional ruler that is gazetted by the government is legally recognized. The judge also noted that in 1976, the administrative structure of Enugu State, including the establishment of Nkanu Local Government Area, had not yet been constituted, thus rendering any traditional leadership election prior to that time invalid.
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 obstruction of peace within the community and their waste of judicial resources. This fine serves as a reminder to all parties involved in traditional leadership matters of the importance of abiding by established legal procedures.
In a final directive, the court ordered that the Mburubu Town Union organize the 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, signalling that the courts are committed to safeguarding the integrity of traditional institutions in Enugu State. It reaffirms the importance of adhering to 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.
Discussion about this post