By victor madumere
Again, the legally and constitutionally recognized chairman of Imo State council of Traditional Rulers, Eze Cletus Ilomuanya as pronounced by the appeal court, has floored the governments acclaimed and recognized chairman Eze Samuel Ohiri at the high court, as Ohiri’s case was dismissed with a five of twenty thousand naira to cost to the defendant.
Delivering the judgment, on a suit filed through an originating summons by the claimant Eze Ohiri, where he is challenging the nomenclature of his office/position from that of Eze Ilomuanya where he claimed that he is the chairman of Imo state council of Ndi Eze and not Imo state council of Traditional Rulers therefore has no leadership tussle with Ilomuanya.
However, the presiding judge justice Ngozi Ukoha before dismissing the suit on the grounds of abuse of court process, took a critical analysis of both the originating summon, arguments (written and oral) briefs and evidences. She averred that some of the documents signed and issued by Eze Ohiri showed his involvement with activating of Imo state council of Traditional Rules.
The judge submitted that the high court is binding to the earlier judgment by the appeal court on the same subject matter and has no jurisdiction to make any other judgment as a lower court, therefore holds that the suit lacks merit.
She went further to frown at the claimant over abuse of court process, by filling the said suit knowing full well that he has gone to the Supreme Court on an appeal on the appeal court ruling. She therefore declared the action frivolous, distasteful and abuse of court process and in that premise dismissed the case and fined the claimant the sum of N20,000 which is awarded to the defendant, Ilomuanya.
