Background
This case revolves around a dispute over the village headship of Ivbiaro within the Ivbi-Ada-Obi Clan in Owan Local Government Area, formerly in Bendel State, Nigeria. The plaintiffs, representing various quarters of the village, claim that the appointment of Chief Abubakar Zibiri Odugbo as the village head was illegal and contrary to customary law. The dispute began when the 7th plaintiff, Chief Momoh Bawa, contended that he was the rightful head according to the local customs, specifically that the title is traditionally conferred by the most senior title holder, known as 'Odion Ejere.'
Issues
The main legal issues in this case were:
- Did the High Court of Bendel State possess jurisdiction to adjudicate on the chieftaincy dispute?
- Were the actions taken by the Owan Traditional Council and the Bendel State Executive Council valid under customary law?
Ratio Decidendi
The Supreme Court ruled that the High Court has jurisdiction to hear cases concerning chieftaincy disputes, as the right of access to the court is inherent in citizens unless there is a clear statutory provision to the contrary. Furthermore, the Court concluded that the provisions of the Traditional Rulers and Chiefs Edict of 1979 could not derogate from the constitutional powers of the High Court.
Court Findings
The Court found that:
- The High Court was indeed vested with the jurisdiction to hear the matter.
- The appointment of the 1st defendant as village head was found to be improper, as it stemmed from an enquiry conducted by a council that lacked authority to make such a determination.
- The plaintiffs were correct in their assertion that the traditional process under customary law was not adhered to when appointing the village head.
- Prior decisions establishing the authority of the Executive Council to act in these matters did not invalidate the right of citizens to seek judicial review in the High Court.
Conclusion
The appeal brought by the 1st defendant was dismissed, affirming the decisions of the lower courts which had ruled in favor of the plaintiffs. The Court reinforced the right of the citizens to seek redress in the High Court concerning issues of chieftaincy and customary law.
Significance
This case is pivotal in affirming the High Court’s jurisdiction over chieftaincy matters in Nigeria. The decision underscores the principle that customary laws and the provisions of state laws cannot undermine constitutional rights and judicial authority, establishing a precedent for future chieftaincy disputes.