Appeal Court Declares Andoni Chiefs Council Illegal

The Court of Appeal sit
ting in Port Harcourt Rivers State has declared the Andoni Chiefs Council made up of over 120 chiefs, an illegal entity that lacks the capacity to sue or be sued.
The lead judgement delivered by Hon Justice Mohammed Lawal Garba also held that the council could not claim to be a creation of statute since its  formation did not comply with the Rivers State Chieftaincy law.
Citing various sections of the chieftancy law to buttress his point, the said that the composition of  a council of chiefs for local government area under subsection (2) of section II is limited in its minimum and maximum number to nine (9) members.
“Such a council is to compose or be constituted by minimum and maximum members comprising of the  recognized chiefs and the coopted indigenous chiefs approved by the commissioner for Chieftancy Affairs as expressly provided in the subsection. The Andoni Chiefs Council  which admittedly is made up of all chiefs in Andoni (One Hundred and Twenty 120 of them) cannot seriously be said to be a creation or creature of or established by or in compliance or accordance with the provisions of cap 25.
“Since it is a contraption not within the purview of that law, Andoni Chiefs Council cannot claim to perform the functions of a council of chiefs established for a local government area inorder to acquire the right to sue eonomine and thereby the Juristic capacity to sue or be sued in a court of law on the grounds of performance of the functions.
Because it is strange to the law” the court said.
The Andoni Chiefs Council led by Chief (Dr) Silas Eneyo had in 2005 dragged the Andoni Traditional Rulers Council led by HRH Uboon (Dr) U.D. Ngere to court seeking a declaration that the document entitled “communiqué, Released During the Obolo National, Retreat for Andoni Chiefs held at the International Airport Hotel Omagwa Port Harcourt from 10th – 13th November 2004 and the subsequent agreements reached at the meeting of Andoni Chiefs Council be implemented.
It also sought a declaration that by virtue of the Omagwa Peace accord, the Andoni Traditional Rulers Council is extinct amongst other demands. The case had dragged on for nine years. Counsels to both parties which included Chief O.C.J Okocha and Chief G.O Agbaraosimini had addressed the court on the legality of the Andoni Chiefs Council.

Mr Opaka Dokubo (left), Chairman, Nigeria Union of Journalist, Rivers State Council explaining a point to Dan Bature, Commissioner of Police, Rivers State Command, during a courtesy visit to the State Council of the union in Port Harcourt. Photo: Ibioye Diama