Court awards N105m to two Asaba chiefs ‘ostracised’ over Asagba selection controversy

A high court in Asaba, Delta state, has awarded N105 million to Edwin Monyei and Ifeanyi Isichei for “a violation of their fundamental human rights”.

The judgment, delivered on September 30 by Onome Marshal-Umukoro, followed a suit filed against Uche Nwajei, head of Otu-Ihaza Ahaba, and Charles Enemokwu, secretary of the group.

In a copy of the ruling made available to TheCable, the court held that their suspension and ostracism from all traditional activities in Asaba amounted to an infringement on their right to freedom of association.

The chiefs, both from Isieke village, had alleged that they were punished for attending a meeting convened by Olisamedua Uwaechia, diokpa of their village, who was previously ostracised for legally challenging the process of selecting the Asagba of Asaba.

They said the respondents labelled them as members of a “splinter group”, socially isolated them, and denied them participation in community activities.

Monyei and Isichei argued that the suspension, carried out without a fair hearing, breached sections 36 and 40 of the 1999 constitution as well as the African Charter on Human and Peoples’ Rights.

In his ruling, Marshal-Umukoro declared the suspension null and void, describing it as a flagrant violation of their rights.

The judge ordered the respondents to issue a written apology and pay N100 million as exemplary damages and another N5 million as the cost of litigation.

He further restrained them and their agents from interfering with the applicants’ right to freedom of association.

Marshal-Umukoro also directed that the judgment be served on Epiphany Azinge, the Asagba of Asaba, whom he described as “the embodiment and custodian of the native law and customs of Asaba, who thankfully is a professor of law and a senior advocate of Nigeria (SAN)”.