By Chidi Nkwopara

OWERRI — Aggrieved Imo monarchs, who dragged Governor Rochas Okorocha and nine others to court have won the first round as an Imo High Court presided over by Hon. Justice Bernadine Ngozi Ukoha, yesterday, restrained the defendants from taking any further action that would impinge on the matter before the court.

A section of traditional rulers in Imo State, led by Eze Emmanuel Emenyonu Njemanze and Eze Desmond Ogugua, collectively dragged the governor and others to court to stop the alleged executive excesses of the governor against the traditional institution in the state.

Ruling on an ex-parte motion for substituted service on some of the defendants who were reportedly evading service, Hon. Justice Ukoha stated that “the defendants are, hereby, ordered to respect the pendency of this suit until all pending applications are heard by the court.”

She directed that the order for substituted service as well as all other processes in suit No. HOW/313/2015 be pasted on the gate of the 3rd defendant, the Imo State Council of Ndi-Eze Secretariat in Owerri.

This mode of service, according to the court, will be deemed perfected by the court as covering the 3rd, 4th, 6th, 7th, 8th and 9th defendants, that is, Imo State Council of Ndi-eze, Eze Samuel Ohiri, Eze Edwin Orisakwe, Eze (Barr.) Chijioke Okwara, Eze G. Ejiogu and Eze Ben Igwilo respectively.

In moving an eight paragraph affidavit in support of the motion ex-parte for substituted service, counsel to the monarchs, lyke Udeozor, informed the court that all efforts made by the court bailiff to trace the whereabout of Eze Sam Ohiri and the other named defendants had proved abortive.

Owelle Rochas Okorocha OON addressing members of the Imo House of Assembly and cross sections of the public

He argued that unless the court granted the motion for substituted service, Ohiri and others would continue to evade service until they unlawfully met out punitive measures against the reverred traditional rulers who had come to court for reprieve.

Vanguard recalls that the monarchs are contending in the suit that the Imo State Council of Ndi-eze as constituted by Governor Okorocha and headed by Ohiri is an illegal and unlawful body, having been constituted in contravention of section 2 of Law No. 6 of 2006 (The Imo State of Nigeria Traditional Rulers, Autonomous Communities and Allied Matters Law).

They consequently prayed the court to “dissolve the Council and sack Eze Ohiri alongside his illegitimate Council members and the equally illegitimate Fact Finding Panel” set up to investigate them for alleged misconduct.

The aggrieved monarchs were accused of receiving former President Goodluck Jonathan in March this year in Owerri during his visit then as a sitting President.

It would be recalled that an Owerri high Court had on May 26, 2014, in a landmark judgment in suit No. HOW/525/2013 dismissed Eze Ohiri’s claim to the chairmanship of Imo State Council of Ndieze.
The court in dismissing the suit instituted by the embattled Ohiri, described the monarch’s action as “detestable, frivolous and an abuse of court process”, since the court of Appeal, Owerri Division had earlier on July 5, 2013, resolved the same case in favour of HRH Eze Cletus Ilomuanya, the Obi of Obinugwu, as the authentic chairman of Imo State Council of Ndi-eze.

The court further ordered Ohiri to pay N20,000 cost to Eze Ilomuanya for dragging him into such a frivolous legal adventure.