Anambra communal chieftaincy imbroglio: CJ rules on Obiano's preliminary objection tomorrow

The Chief Judge Anambra state, Justice Peter Umeadi is expected to give ruling today, July 28, at an Awka High Court presided over by himself in a preliminary objection raised by Ugo Tabansi, counsel to Governor Willie Obiano and Attorney-General of the state, asking the court to expunge the duo's names from the on-going legal tussle arising from chieftaincy crisis in Adazi-Nnukwu community in Anaocha Local Government Area of  the state.

Tabansi had in moving his motion for the preliminary objection, asked the court to delete the names of Governor Obiano and the state Attorney-General from the list of defendants in the suit filed by Ichie Emmanuel Chukwuma and his elder brother, Kenneth, asking the court to restrain Obiano and his Attorney-General from giving a certificate of recognition to Prof. Augustine Obiekezie as the traditional ruler of Adazi-Nnukwu, pending the hearing and determination of the substantive suit.

In the preliminary objection, Tabansi noted that the court has no jurisdiction to entertain the matter because the plaintiffs did not file and serve a pre-action notice to Obiano and his Attorney-General as required by law, before joining them in the suit, since the duo are deemed to be public officers.

But counsel to Chukwuma brothers, Nnamdi Ibegbu (SAN), told the court to discountenance Tabansi's objection on the ground that the post of an Attorney-General at both state or federation levels, are not among those listed in the constitution as public officers and as such, can sue or be sued, without a pre-action notice, if the need arises.

Ibegbu told the court that it was an affront for the Governor and his Attorney-General who are the third and fourth defendants in the motion to have given a certificate of recognition and staff of office to one Prof. Augustine  Obiekezie as the new traditional ruler of the area, in spite of a pending suit challenging the purported selection of Obiekezie as the new royal father by the President-General of Adazi-Nnukwu Town Development Union, ATDU, Chief Benedict Enemuo and some other principal officers of the community.

Ibegbu who described the actions of Governor Obiano and his Attorney-General as pure contempt of court, said apart from the pending motion on notice seeking to restrain the defendants, Enemuo and his ATDU executive from recognizing Obiekezie as the traditional ruler of the area, he was also drawing the attention of the court to a N200 million suit also pending before the court against Enemuo and ATDU for ostracizing the plaintiffs from the community, some time last year, just because the  first plaintiff kicked against his disqualification from the contesting the Igweship stool along side two other candidates, after the trio were selected by Nnukwu clan to contest.

The plaintiff counsel recalled that all the pending suits emanated from the alleged disqualification of Chukwuma from contesting the Igweship elecion, after he had been selected along side two others candidates, by Nnukwu clan as those who are qualified to contest the election into the Igweship throne in the area.