Against an earlier ruling by the Supreme Court affirming the hereditary status of royal stool of Awaka Ancient Kingdom in Owerri North LGA of Imo state, the Court of Appeal, Owerri Judicial Division has again delved into the matter.
A judgment in the suit Sc:251/2000 filed by recognition of HRH Eze Akujobi David Osuagwu from Umuodu village in Awaka, Owerri North LGA, to succeed Late Eze Oshimiri David Osuagwu who hail from the same Umuodu-Awaka, Justice S.A Akintan ruled that the action was filed by the appellant in his personal capacity and failed to satisfy the conditions that could confer on him the required locus standi to institute the claim. The judge ruled that it is not enough to confer on the Appellant the required locus standi to institute the claim because apart from stating that he is a native of Ndegbelu village, which is not enough and that he has direct personal interest in the subject matter of the suit as a candidate for the stool, he still needs to show how he became a candidate.
In conclusion, the judge ruled that there is no merit in the entire Appeal and therefore dismissed it and made an order striking out the plaintiff’s claim.
The Respondent (Eze Akujobi David Osuagwu) in his counter-affidavit among others said that the process of selecting a new Eze in 1995 was beset with problems and Mr. Emezi’s candidature was the least acceptable to Awaka people. Awaka people were getting disgusted and frustrated that for eight years, it had been impossible to select a new Eze and it was recognized that the hindrance was the unapproved rotatory system as contained in the guideline with which the past Eze was presented consequently, at a general meeting of Awaka sons summoned solely for the purpose on the 12th of April, 1993, the unworkability of the rotatory system was acknowledged. It was resolved that the rotatory system be discarded. By a majority vote of 113 to 6 Awaka then opted for a hereditary system.
Following from this, the family of the past Eze was asked to submit a candidate to Awaka people to be considered and installed as Eze Awaka. The David Osuagwu family unanimously presented Akujobi David Osuagwu to Awaka people and he was accepted and presented as Eze-elect on 15th October, 1993 to the Chairman of the Local Government and presented to the State Government on 4th November, 1993 as Eze-elect. The Chairmen, youths, women and children were fully represented of these two presentations which was acceptable to Awaka people except the plantiff and a few of his supporters.
The Oha Awaka on 29th December 1993 crowned the monarch as Eze Awaka the Ezikoche II of the ancient town of Awaka Autonomous Community of Amapu Awaka, the Traditional gathering place.
