Uwema Emelescue Stool, Hereditary, Appeal Court Affirms

A Court of Appeal
sitting in Port Harcourt, Rivers State has dismissed an appeal filed by Chief Edughom Wille Dappa, Sesseny Aselemi, Mr Anthony Duma Okporo, Mr Akeodi Idema, Christian Mopho and Namasi Obinoma challenging the ruling of a Port Harcourt High Court presided over by Justice C.A. Okirie that the stool of Umema Emelesue is hereditary.
Justice C.A. Okirie had on 28th March, 2013 in suit NO/AHC/28/2004 declared that the stool of  Umema Emelesue is hereditary and within the exclusive preserve of Olem Family of Omirigbor-Emelesue community, Otapha in Abua/Odual local government area of Rivers State.
The court also declared that the 1st claimant in  the matter, Chief Ephraim S. Inengim, a retired military officer, is the substantive holder of the Umema Emelesue stool.
The court further ruled that the 1st defendant in the matter, Chief Edughom Wilie Dappa is not and can not aspire to the Umema Emelesue stool, adding that parading himself in that capacity was wrongful, unlawful null and void.
Justice Okirie averred that the purported position for the removal of 1st claimant, Chief Ephraim S. Inegim was unlawful, null and void.
The court therefore, gave a perpetual injunction restraining the defendants, either by themselves, servants, agents, cohorts and privies from interfering in any manner whatsoever with the position/office of the 1st claimant as the Umema Emelesue (paramount ruler) of Emelesue Community, Otapha, Abua.
The Claimant, Chief Ephraim S. Inengim had among other things urged the court to declare that ascension to the stool of Umema Emelesue is hereditary and within the exclusive preserve of the Olem family of Omirigbor-Emelesue, and also that the 1st claimant is the substantive holder of the Umema Emelesue stool.
He also sought as a declaration that the defendants, their agents, privies and servant are bound by the report of the arbitiation panel dated the 26th day of December, 2013 which the court upheld.
Chief Edughom Willie Dappa and five others who were defendants, not satisfied with the ruling of the High Court, approached the Appealant Court and listed five issues for determination among others, whether upon the pleadings and preponderance of evidence led at the trial, the learned trial Judge was right in holding that the respondents had the requisite locus standi to maintain their suit as representing Emelesue community and therefore that the issue of locus standi raised by the appellants was a non-issue (ground I).
Dismissing the appeal, Justice Modupe Fasanni in a lead judgement said that the appeal lacked merit and therefore affirmed the judgement of a Port Harcourt High Court on the matter.
The Appeal Court, consequently awarded the sum of thirty thousand Naira (30,000) cost in favour of the respondent, Chief Ephraim .S. Inengim.

Chris Oluoh