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Delta court restrains Asaba community from ostracising members

By Festus Ahon

ASABA—A Delta State High Court sitting in Agbor, has restrained the Asagba, the Asagba-in-Council or any of its organs, agents, privies or successors from ostracising or suspending members of Elibujor (Ogbogo) village) from the rest of Asaba community.

Trial judge, Justice C. N. Ogadi also set aside any law or decision by Asaba community or Asagba-in-Council to ostracise or suspend any Asaba person, family or village that sues the Asagba-in-Council or any of its organs.

The court also declared as null and void and of no effect, the suspension of the members of Elibujor (Ogbogo) village from further having any contacts, association or interaction with other members of Asaba community by the Asagba-In-Council on the ground that they filed a civil suit before the high court against the Asagba-In-Council.

The court in its judgment in the suit No. A/243/2012, between Obi F.N. Mokogwu & Others Vs. H.R.M. Obi (Prof.) Chike Edozien & Others, said the decision to suspend them amounted to a violation of their constitutional rights.

The court granted a perpetual injunction restraining the defendants by themselves, their servants, agents, privies or successors from dividing the Elibujor (Ogbogo) or Umuelibujor village into three separate villages known as Ogbe-Udala, Ogbe-Ogo or Umuonekea and Elibujor, or from sharing or dividing the Umuelibujor village lands into three.

It held that the three subsisting judgments of the high court which had repeatedly held that Elibujor is the 4th son of Onaje is binding on the world and Asaba community.

The claimants, who are the members of Elibujor or Umuelibujor Village (also known as Ogbogo), in Umuonaje Quarters of Asaba, Delta State, were dissatisfied by a Customary Arbitration Verdict published by the Asagba-In-Council and had gone to the high court,  praying it to set aside the purported Arbitration Verdict which divided the family into three units and handed over approximately 100 hectares of their family land to another Village in Asaba.

The court held that the traditional law was in conflict with and amounts to a violation of the Citizens Rights as enshrined in the 1999 Constitution of the Federal Republic of Nigeria (As Amended); and consequently, null and void of no legal effect.


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