An Asaba High Court in Delta State has dismissed an application by the Asagba of Asaba, Obi Prof. Epiphany Azinge (SAN), seeking to halt proceedings in a suit challenging his selection to the throne.
The application was filed by Azinge, the first defendant in a suit instituted by one of the contestants to the throne, Anthony Konwea, who is challenging the process that led to Azinge’s emergence as the Asagba of Asaba.
The monarch and other defendants had urged the court to strike out the suit, arguing that the claimant lacked the legal standing to institute the action because he allegedly failed to fulfil mandatory preconditions required before approaching the court.
They also contended that the claimant relied on the defunct Bendel State Traditional Rulers and Chieftaincy Edict of 1979, which they said had been amended by the Delta State Traditional Rulers Council and Chieftaincy Laws of 2006.
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Ruling on the application, Justice P. N. Obanor held that the first defendant failed to establish that the court lacked jurisdiction to entertain the suit.
The judge noted that issues raised by the defendants, including the validity of the customary law declaration relied upon by the claimant, were matters best determined during trial.
The court further held that the alleged failure of the claimant to comply with statutory preconditions raised questions of fact that could not be conclusively resolved through affidavit evidence at the preliminary stage of the case.
Reacting after the ruling, the Chief of Staff to the Asagba, Philips Nwaokolo, said the palace would consult its lawyers with a view to appealing the decision.
Konwea, however, insisted that the process leading to Azinge’s emergence violated established laws and traditions governing succession to the throne of the Asagba of Asaba.
