by By Admin
A vacation High Court sitting in Ikom, Cross River States has described as barbaric, unconstitutional, null and void and of no effect a CLAN RESOLUTION that purports or purported to restrain HRH Utsu Jeremiah Ikongshul Udie, the clan Head of Kubong-Bette Clan from access to his personal properties and not to be interred in his village in the event of death. The decision was made in a ruling in Suit No. HM/MISC.5/2020 at a vacation court before his Lordship, Hon. Justice Obo Awusa Obo.
The applicant, HRH Chief Jeremiah Ikongshul Udie & Anor had approached the court suing Julius Akwagiobe Udie & 10 Ors. by writ of summons in suit No. HMV/3/2020 seeking for ORDERS inter alia declaring as null and void, the ‘drastic measures and resolutions passed by the 2nd to the 11th defendants on the 21st day of May. 2020; an Order restraining the 2nd to 11th defendants, their agents and privies from executing, enforcing and or giving effects to any of the decisions contained in their so called ‘drastic measures and resolutions’ dated 21st day of May, 2020; an Order restraining the 2nd to 11th defendants, their agents or privies from further interference in the internal affairs of the Ikongshul family of Kubong-Bette; an Order awarding the sum of five hundred million naira as general and special damages.
While the matter was pending, the applicants through their counsel, D. O. Kulo, Esq. had applied by motion seeking for an Order of interlocutory Injunction restraining the Defendants/Respondents, their agents or privies from executing or giving effects to the decisions or resolutions contained in the memo titled “Clan resolution” and dated 21/5/2020 pending the determination of the suit.
In his rationale, the court reasoned that “there is no amount of compensation which a court of law may order to be paid that can assuage for the loss of a man’s right to family house and the right to be interred in a man’s own village in the event of death”, while relying on Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
The said barbaric unconstitutional, null and void resolution, which now has no effect, purportedly declared as drastic measures to:
1. Denounce the applicant as their Clan head
2. Revoke and withdraw totally a proposed land for Alpha University which was donated by the Clan to Dr. Ashima, the Applicant’s son (for that purpose of establishing a university in the Clan, work of which had commenced).
3. At the event of death, not to allow to be interred in the Clan either the applicant (Clan head) or his children, and that none of the Clan members will honour such burial rites.
4. Ban any Community member or Clan citizen from entering the applicant’s domain; and anyone found ‘guilty’ of this will be heavily fined and penalized accordingly by the Clan.
5. The Applicant’s portion of land and residential house in the community is unanimously allotted to the 1st Defendant/ Respondent, Julius Akwagiobe Udie.
The learned judge also held that the matter in Exhibit B is a family matter which does not call for Exhibit C – the null and void Clan resolution. Appearing for the Respondents was D. A. Okim, Esq.
