Chieftaincy Stool: Court Confirms Lawyer As Eze Epara Rebisi

A Port Harcourt High Court in Rivers State has confirmed a member of the Nigerian Bar Association (NBA), Port Harcourt Branch and a practising lawyer, Barrister Uche Isaiah Elikwu as the Eze Epara Rebisi.

The title is a first class chieftaincy stool in Port Harcourt City Local Government Area of the state.
The court said Barrister Isaiah Elikwu was the rightful person to occupy the position of Eze Epara Rebisi because his coronation and selection passed due process in accordance with Rebisi custom and chieftaincy protocols.
Delivering his judgment on the suit brought by Chief Emeka Anyabelem bordering on the selection and coronation of the new Eze Epara Rebisi, Justice Monima Danagogo, last Monday, held that the Owhor holders and chiefs that make up the entire Rebisi Clan participated in the selection and recognition of the new regent.
He argued that their participation was an affirmation that he was chosen by the people, saying that it was wrong for Elder Mirina Kwuru E. Woluchem to personally coronate Prince Victor Woluchem as Eze Epara Rebisi without other Owhor holders and chiefs from the area.
Justice Danagogo further held that based on evidence tendered before the court, it was the exclusive rights of members of the Oro-Olozu and Woyeoma families to produce a king for the Rebisi stool as the paramount ruler of the kingdom.
The trial judge directed the state government to, through the Ministry of the Chieftaincy and Community Affairs recognise Barrister Uche Isaiah Elikwu and issue him with certificate of recognition as well as staff of office without further delay.
The judge dismissed all the reliefs sought by the claimant in the suit, Chief Emeka Anyabelem of Oroworukwo community and the first defendant in the matter.
Justice Danagogo said the installation of Victor Woluchem was a gross violation of the tradition and custom of Ikwerre people, especially the Rebisi people, adding that the claimant wrongfully represented the Oroworukwo community in the matter because he did not have their consent to do so.
He averred that the Oroworukwo community, where the claimant comes from are not part of the inheritance of the stool as explained during the pendency of the case, and issued a perpetual injunction restraining the claimant and the first defendant from parading themselves as the paramount ruler of the Rebisi Kingdom.
The Tide reports that Justice T.S. Orji who was the first judge to handle the case had issued a preservative order restraining the state government from recognising any of the defendants contending for the Eze Apara Rebisi stool before the determination of the substantive suit before the court.
Justice Orji further ordered the parties, including the state government to maintain the status quo in the matter until the matter was heard on its merit.
Following the information brought before the court by the Claimant Counsel, James Ocholi (SAN) notifying the court that the state government had purportedly recognised Prince Victor Woluchem as the heir apparent to the throne, Justice Orji maintained that since the inception of the suit, the court had taken possession of the stool under litigation, adding that the court would release it to the rightful owner at the end of the trial.
According to her, “any pronouncement made by the state governor should not worry anybody but at the end of the day, the pronouncement of the court stands”.
The trial judge, while ordering the claimant’s counsel to serve a fresh notice to the 9th and 10th defendants, added that the court has taken its position in the matter.
Again, in 2017, the court, presided over by Justice Monima Danagogo confirmed the court order on the removal of Prince Victor Woluchem as the paramount ruler of Rebisi.
Justice Danagogo also said that the court order remained sacrosanct and cannot be vacated pending the determination of the substantive suit before it, and added that the decision of the court in this order is to protect the integrity of the court as well as promote confidence among all the parties involved in the matter.
The trial judge made the assertion while ruling on an application of stay of execution brought by the 1st Defendant, Prince Victor Woluchem through his lawyer, O.C.J. Okocha (SAN), which he asked the court to set aside its earlier order that restrained him from parading as Eze Apara Rebisi Kingdom.
However, Justice Danagogo, in his ruling in 2016, had refused the application of stay of execution, and added that in so doing, the court would jeopardise the case as well as lose its integrity.
According to him, the court order made on November 21, 2016, was to validate and revive the order me by Justice T. S. Orji in April, 2014, where she restrained all parties in the matter, and urged them to maintain the status quo pending the determination of the case before the court.
The suit was instituted by Chief Emeka Anyabelem and Elder Boniface Wechie for themselves and on behalf of Oroworukwo Community in Rebisi Kingdom seeking for an interlocutory injunction restraining the 1st-8th defendants and their servants, agents, privies and cohorts from choosing, selecting, presenting, parading or allowing any candidate from Oro-Olozu Community for coronation as the Eze Apara Rebisi pending the determination of the substantive suit.
Those in the suit are Elder Mirina Kwuru E. Woluchem, Prince Victor Woluchem, Chief Emmanuel Onyeche Chike, Chief Adolphus Ezebunwo Amadi, Sir Cyril Wobo Boms, Elder Godspower Nna Elikwu, Mr. Chikere Elikwu, Chief Anthony Worlu Akarolo, Chief Charles A.S. Woke Olawoka and the Rivers State Government.

By: Akujobi Amadi