Appeal Court reaffirms Ugbodaga As Clan Head of South Uneme

By DADA AYOKHAI
 
The court of Appeal, Benin Judicial Division has affirmed 
  the appointment of HRH Alhaji Yakubu Ugbodaga as the Village Head of Anegbette and Clan Head of South Uneme in Etsako Central  Local government of Edo State.

The High Court sitting in Fugar had earlier dismissed the case for being incompetent and for failure to comply with the mandatory statutory pre -condition under Section 19 (2) of the Traditional Rulers and Chiefs Edict (1979). 

Dissatisfied with the judgment of the lower court, the appellants, Prince Paul Omomzuawo and Anthony Erameh for the Erameh family 
 had approach  the Court of Appeal to set aside the ruling.

 In a judgement delivered by Justice Biobele Abraham Georgewill affirmed the ruling of the Edo State High Court Fugar, which held that the claims of the Appellants for failure to comply with the mandatory statutory precondition  as prescribed in the State Traditional Rulers Edict of 1979.

Counsel to the appellants, Mr. O. B Uade in his averment had urged the Appellate Court to set aside the ruling of the high court  insisting that the appointment of the 1st Respondent as the Village Head of Anegbette and Clan Head of South Uneme  was by the then Bendel State government was uncondtitutional, illegal, null and void.

But counsel to the Respondents, Messers Ighedosa Imadegbelo and E. J. Alegimelen, urged the court to dismiss the appeal and affirm the judgment of the lower court,saying that it was incompetent by reason of failure by the appellants to comply with provisions of Section 19(2) of the Traditional Rulers Edict (1979).

Counsel to the Respondents  argued that the Section prescribed the making of a complaint within 21 days of the appointment of  a traditional ruler to the State Executive Council before the action challenging the appointment can commenced in court.   

The appellate court held that having resolved issues one and three in favour of the Respondents and issue two in favour of the Appellants, the appeal by the appellants again the respondents "is hereby struck out for being incompetent".

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