John Nwaigwe
Abia High Court Dismisses N1bn Suit Against Enachioken, Awards N500,000 Costs
The Abia State High Court sitting in Umuahia has dismissed a N1 billion fundamental rights enforcement suit filed by Dr. Agbai Eke Agbai against the Enachioken of Abiriba, HRM Eze Kalu Kalu Ogbu, and the traditional rulers of Agboji and Amaogudu communities in Ohafia Local Government Area.
Delivering judgment on Tuesday, Justice K. C. J. Okereke held that the claimant failed to prove allegations that the Enachioken-in-Council violated his constitutional rights to freedom of expression, association, movement and freedom from discrimination.
The court also ruled that Dr. Agbai had no justifiable reason to continue withholding properties and official documents belonging to the Abiriba Community after the expiration of his tenure as President-General of the Abiriba Communal Improvement Union (ACIU).
Justice Okereke further affirmed that communities have the customary right to discipline members who breach valid customary laws, provided such laws are consistent with the Constitution, adding that no individual can override the collective will of the community. The court also recognised community development unions as integral parts of the traditional administrative structure.
The suit was dismissed in its entirety, with the court awarding N500,000 in costs against Dr. Agbai in favour of the traditional rulers of Abiriba and the Palace Secretary of the Enachioken-in-Council.
Reacting to the judgment, counsel to the Abiriba Community, Anaga Kalu Anaga, Esq., praised the court for what he described as a thorough and well-reasoned determination of the legal and factual issues in the case.
Efforts by our correspondent to obtain Dr. Agbai’s reaction were unsuccessful, as calls to his telephone were not answered. Dr. Agbai has publicly identified himself as an aide to former President Olusegun Obasanjo.
Credit: MAGIC FM ABA
