An Enugu State High Court, on Wednesday, delivered judgment in the long-standing dispute regarding the Igweship of Mburubu, a community in Nkanu East Local Government Area of Enugu State.
It would be recalled that there has been controversy surrounding the replacement of the deceased monarch of the community.
However, in its verdict, the court presided over by Justice C.O. Ajah ruled in favour of the Mburubu Town Union.
It held that Chief Jerry Onuokaibe was not elected as the king of Mburubu legitimately, rather through the Mburubu General Assembly.
Justice Ajah held that the Mburubu General Assembly, which organized a selection and election process for the kingship of Mburubu, had no legal right to do so.
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 null and void.
Justice Ajah’s ruling also addressed the 1976 purported constitution of Mburubu, a document that Onuokaibe reportedly presented as the foundation for his claim to the throne.
The court 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.
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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 Enugu State and the law.
The judge stated that the traditional stool of Mburubu is only open to individuals from Uhuegbe Village, which holds the second position in the order of seniority within the community.
Justice Ajah ruled that Onuokaibe, who hails from Umunafor Village, the fifth in the order of seniority, is constitutionally barred from contesting the kinghip.
It ordered a fine of N500, 000 on both Onuokaibe and the Mburubu General Assembly in favour of Mburubu Town Union and Chief Linus Igbudu.
It equally ordered the Mburubu Town Union to organize the kingship election within 21 days.
