Aro Monarch, Ruling Families, Others Appeal Court Order Voiding Staff of Office, File Stay of Execution

Emmanuel Ugwu-Nwogo in Umuahia

The coronated Eze Aro IX of Arochukwu Kingdom, His Majesty, Eberechukwu Kanu Oji has filed an appeal at the Owerri Division of the Court of Appeal asking the appellate court to preserve his kingship by voiding an ominous court order.

An Abia State High Court in Umunneochi had in a ruling on July 31, 2024 ordered the Abia State Government to withdraw the staff of office issued to Oji thereby rendering his coronation on July 27, 2024 a nullity.

But in a notice of appeal filed at the Appeal Court Owerri Division, dated August 2, 2024, the Aro monarch and other joint appellants said they were dissatisfied with the court order and urged the appellate court to set it aside on three grounds.

The appellants faulted the entire decision and orders made by the lower court, saying that it committed errors in law by making orders that “amounted to substantive reliefs” without full hearing of the matter.

The appellants contended that the court orders were averse to them at the interlocutory stage. This is because the lower court mandated the state governor to withdraw the staff of office and certificate of recognition from Oji and hand them over to his rival, Godwin Kanu Idei.

Part of the particulars of errors outlined by the appellants was that the respondents commenced their action “by the writ of summons and statement of claims filed on January 24, 2024, seeking in the main declaratory reliefs”.

On the second ground of appeal, the appellants said that the judge at the lower court erred in law when he made the orders without adhering to the principle of fair hearing.

According to the appellants, the judge issued the orders “with the full knowledge that the appellants and their counsel were not served hearing notice for the sitting of the court on July 31, 2024”.

They therefore pointed out that making orders that affected them without serving them hearing notice amounted to “substantial miscarriage of justice”.

Meanwhile, the Aro monarch and the other defendants/appellants have also filed a stay of execution notice at the lower where the order for the withdrawal of certificate of recognition and staff of office emanated.

In the stay of execution notice dated August 2, 2024, filed by their counsel, Dr. Sonny Ajala, who is at the head of the legal team, the defendants/applicants hinged their demand for stay of execution on three grounds.

They maintained that they were not served hearing notice as required by law hence, “the court proceedings of July 31, 2024 and the outcomes thereof are a nullity”.

The defendants/applicants also faulted the inclusion of Governor Otti and two of his commissioners as defendants in suit No. HUM/1/2024.

They contended that the governor and the government officials listed as defendants “are not proper parties before the court as they were not served with the originating summons as required by law”.

Given the circumstance, the defendants/applicants stated that the lower court was “divested of the authority to assume jurisdiction to adjudicate on suit No. HUM/1/2024”.

Therefore, “the purported sitting/proceedings of the court in July 31, 2024 and the outcome thereof are nullity,” they contended.

The Abia State Attorney General and Commissioner for Justice, Mr. Ikechukwu Uwanna, had initially hinted that government would appeal the orders of the court.

However, Governor Otti, AG and the Commissioner for Local Government and Chieftaincy Affairs, Prince Uzo Nwachukwu have been listed as defendants in the appeal filed by Nwa Mazi Eberechukwu Oji and the other aggrieved persons.