By Izunna Okafor, Awka
The Anambra State Government has said that Oba community in Idemili South Local Government Area of the state is yet to elect an Igwe (a traditional ruler), let alone having an Igwe-elect or an installed.
The State Commissioner for Local Government, Chieftaincy and Community Affairs, Hon. Tonycollins Nwabunwanne disclosed this in his reaction to the news making the rounds over the weekend that the people of Oba Community had selected a new traditional ruler.
Speaking in an interview with this reporter, Commissioner Nwabunwanne described the said selection of Oba new traditional ruler as a farce, a disrespect to the court, and totally unacceptable, given the issues and circumstances surrounding the process. He also emphasized that the state government was never part of the said selection of new Igwe and also does not recognize him as Igwe Oba.
Giving further background to the issues, the Commissioner disclosed that the community had two cases with Suit No.: HID/223/2024 and Suit No.: HID/131/2024 before the High Court regarding the contentious selection of new Igwe.
While noting that the Court had (on December 10) delivered a consent judgment on Suit No.: HID/223/2024, in which it establishes legal parameters that should govern the Igweship selection process in Oba town; Commissioner Nwabunwanne, however, stressed that the case with Suit No.: HID/131/2024, which specifically addresses issues related to the Igwe selection, is still pending before the court, as it has a pending motion for injunction in which issues have been joined by the parties.
In the light of the above, the Commissioner further emphasized that the principle of lis pendens —which prevents parties from altering the subject matter of ongoing litigation —requires that the status quo be maintained until the court resolves the case. He, however, condemned the decision of some elements in Oba community to proceed with the Igweship selection while the court is deliberating on key issues related to the selection process.
This, he said, amounts to a charade, lawlessness, and total disrespect to the court, and also stands out as a core premises upon which the state government has based to nullify the said election. He emphasized that the government of Prof. Chukwuma Charles Soludo advocates and holds law and order to a high esteem, and would not uphold or tolerate any act of lawlessness under his watch.
The Commissioner also shared with this reporter, a 5-point document and earlier warning he issued to the leadership of the community before the said election, which read: I have been made aware that the High Court in Suit no: HID/223/2024 delivered a consent judgment on 10th December, 2024 with respect to the election/selection of a new Traditional Ruler of Oba.
“The consent judgment in Suit No. HID/223/2024 establishes legal parameters that should govern the Igweship selection process in Oba town. This judgment which was arrived at through negotiation and agreement, carries significant weight as it represents a resolution of disputes regarding the Igweship. However, the town’s Constitution currently does not reflect this judgment. Conducting an election under a framework that disregards a legally binding judgment would be improper and could lead to further disputes. An amendment to the Constitution is imperative to harmonize the traditional rulership selection process with the legal consensus reached in the consent judgment. Without this amendment, any election conducted would fack legitimacy and could be challenged as unlawful.
“Secondly, I have been made aware of the pendency of Suit No. HID/131/2024, which addresses issues related to the Igwe selection. This suit has a pending motion for injunction in which issues have been joined by the parties. The motion is seeking to restrain the Igweship selection process. The principle of lispendens-which prevents parties from altering the subject matter of ongoing litigation-requires that the status quo be maintained until the court resolves the case. Proceeding with the election while the court is deliberating on key issues related to the selection process would not only be disrespectful to the court but could also result in a nullification of the election outcome. This would waste resources, exacerbate tensions, and deepen divisions within the community. When a matter is pending in court, it is appropriate to maintain status quo and refrain from taking any further steps on the subject matter, in order not to render nugatory the judgment/ruling of the court.
“Accordingly, the Igweship election in Obe town should not proceed unless and until the town’s Constitution is amended to reflect the consent judgment in Suit No. HID/223/2024 and the pending litigation in Suit No. HID/131/2024 is resolved, or withdrawn. Adhering to these prerequisites will ensure that the election is conducted lawfully, respects the rule of law, and promotes unity and legitimacy in the selection of the Igwe.
“In light of this, you are directed to stay further actions with respect to the appointment or election of the Igwe on the 21 of December 2024 or any other date pending the hearing of the motion on notice in Suit no: HID/131/2024 or until the court further directs otherwise. This is to ensure that the legal process is allowed to run its course without interference.”
He, however regretted that, despite his efforts to ensure that the people maintained status quo and did not proceed with the conduct of the said election pending the outcome of the court’s decision on the matter which is already before it; they still ignored him and went on with their own decision to override the court.
Consequent upon this, Commissioner Nwabunwanne declared that the said Oba Igweship election was null and void and never stands, in the record of the state government. He further warned the said elected monarch to stop parading himself as Igwe Oba, or be ready to face the full weight of the law if he continues to do so.
“I don’t know why people don’t like obeying law and order. I am happy that changing this narrative is a top priority in the agenda of the Soludo Administration. And, as long as this government is concerned, no Igweship election held in anywhere in Oba, and no Igwe-elect or installed monarch has emerged anywhere in the community. The Soludo Administration cannot endorse or be a party to any lawlessness. People must learn to respect the rule of law,” he concluded.
