Stop parading yourself as Paramount Ruler of Azuzuama, Court tells Selky Kile Torugbedi (aka. Young Shall Grow).

YENAGOA ____The High Court Of Bayelsa State Of Nigeria in the Oporoma Judicial Division Holden at Yenagoa seated and presided over by Hon. Justice Christine I. Kombo Enegesi (Judge) on the 22nd day of June, 2023, in a Suit No: OHC/40/2022 Filed by HRH Udoma Gagbeghe Isedirikonghen Ongbeghe, HRH Jonathan I. Atubo Ekpile, HRH Foncha Ekeuwei Ariwei, HRH Tarilatei Anthony Olodo, HRH Emiseimokumo Okia-Daba (For themselves and on behalf of members of Azuzuama Community in Southern Ijaw Local Government Area of Bayelsa State) as Claimants against Selky Kile Torugbedi (AKA Young Shall Grow) as Defendant has delivered her Judgement, restraining Selky Kile Torugbedi (AKA Young Shall Grow), from parading himself as the Amananaowei (Paramount Ruler) of Azuzuama Community in Southern Ijaw Local Government Area of Bayelsa State.

This is contained in a written Judgement by Hon. Justice Christine and made available to TrackNews Media which read as follow:

“JUDGEMENT”

The Claimants by a Written of Summons dated the 15th October 2022 filed this action against the Defendant, seeking the following reliefs:

(1) A DECLARATION to the effect that the Defendant is not the Bonafide occupant of the classified and recognized chieftaincy stool of Amananaowei (Paramount Ruler) of Azuzuzama Community in Southern Ijaw Local Government Area of Bayelsa State.

An order of perpetual injunction, restraining the Defendant from parading the Bonafide occupant of the classified and recognized chieftaincy stool of Amananaowei (Paramount Ruler) or traditional head of any name and style (including Eyewei of Azuzuama Community in Southern Ijaw Local Government Area of Bayelsa State.

“HEARING”

Hearing commenced on the 6th day of March, 2023, when the Claimants called their sole witness (CW1). The Defendant never filed any Defence neither did he put up any appearance in this case despite hearing Notices being served on him by the Claimants

CWI relied on his written statement on Oath dated the 13th October, 2022, as his evidence and he tendered 5 exhibits;

i) Certified True Copy of the Official Gazette, Bayelsa state of Nigeria published on the 5th day of November, 2019, marked as Exhibit “A”.

ii) Original copy of the constitution of Azuzuama kingdom marked as Exhibit “AI”

iii) Letter dated 22 January 2021 marked as Exhibit “A2”.

(iv) Letter dated 3 February 2021 marked as Exhibit “A3”.

(v) Written undertaking dated 25 August 2021 marked as Exhibit “A4”.

FINAL WRITTEN ADDRESS OF CLAIMANTS

In their final written address, Counsel for the Claimants, I.S. Damabide Esq raised two issues for Determination as follows:

(1.) Whether in view of the constitution of Azuzuama Community and the provisions of Sec 1(2), 5(3), 7, 8(1) and 31 of the Chieftaincy Law of Bayelsa state 2006, the Defendant is not and cannot be the duly recognized Amananaowei (ParamountRuler) of Azuzuama community in Southern law Local Government Area of Bayelsa State?

(2) Whether the claims of the Claimants ought to succeed, given the surrounding

circumstances, facts, and law that apply to this case?

While making references to Sec 5 (3), 7, 8 (1) and Sec 31 of the Chieftaincy Laws of Bayelsa state 2006, counsel submitted that where any chieftaincy stool is recognized and classified, the ultimate authority in conferring recognition on any occupant is the Governor of the state. He is not bound by a customary selection process as he can recognize or withdraw or withdraw recognition.

Counsel also submitted that the only valid evidence of submitted recognition of an occupant of a classified and recognized chieftaincy stool is the certificate of recognition issued to that effect and where recognition is suspended or withdrawn, it must be published in the official gazette of the state.

Counsel further submitted that all the requirements provided for in the above laws are lacking with regards to the Defendant who has been parading himself as the Paramount Ruler of Azuzuama community and in the absence of any evidence of recognition on his part, the Defendant cannot be said to be the bonafide occupant of the classified and recognized chieftaincy stool of Amananaowei (Paramount Ruler) community in Azuzuama community in Southern Ijaw, Local Government Area of Bayelsa State.

Counsel also stated that despite the hearing notices served on the Defendant, he failed to put up any appearance and he did not avail himself the opportunity of cross examining the sole witness of the claimant. Counsel further stated that where the evidence of a witness is not inadmissible in law, uncontradicted and unchallenged, a court of law can act on it and accept it as a true version of the case it seeks to support .He referred to the case of OKOEBOR VS POLICE COUNCIL & ORS (2003) LPELR-2458(SC)COURT

COURT:

I have carefully gone through the processes filed by the Claimants, exhibits and their written address and I am of the firm view that the Defendant should not parade himself as the Paramount Ruler of Azuzuzama Community since he is not one.

In exhibit A1 which is the constitution of Azuzuama community specifically in Article 12(4)(c) & (d), it shows that for one to be the paramount Ruler of Azuzuzama community, there has to be an election before the person can be coronated into the stool of Eyewei. There is no evidence before this court that there was any election conducted at any time, if an election had been conducted, there will be no need for the Defendant to sign an undertaking as evidenced in Exhibit A4; to be of good behavior and not to cause trouble that will breach the peace of the community in relation to the vacant traditional stool of the Azuzuama community until a formal process of election or selection of Azuzuama paramount Ruler take place.

Furthermore, there is no evidence to show that he was given a certificate of recognition by the Governor of the state, which was later suspended or withdrawn, if there was any of such, it will be published in the official gazette of the state.

Despite the hearing notices issued upon him by the court, he never showed up to challenge or contradict the evidence of the claimants. On the effect of an unchallenged or uncontroverted evidence, the supreme court in the case of IGHERINIOVO VS S.C.C NIG LTD & ORS (2013) LPELR-20336 held that “it is the law that unchallenged evidence which is credible stands and should be accepted and acted upon by the court”. See also the case of OGUNYADE VS OSHUNKEYE & ANOR (2007) LPELR-2355(SC).

Following from the above provision of the law, the court is minded to grant the prayers sought by the claimants; hereby make the following orders

“(1) That the Defendant is not the Bonafide occupant of the classified and recognized chieftaincy stool of Amananaowei (paramount Ruler) of Azuzuama Community in Southern Ijaw Local Government Area of Bayelsa State

(2) AN ORDER of perpetual injunction, restraining the Defendant from parading himself as the bonafide occupant of the classified and recognized chieftaincy stool of Amananaowei (Paramount Ruler) or traditional head of any name and style (including Eyewel) of Azuzuama community in southern Ijaw Local Government Area of Bayelsa State.

(3) There shall be no award as to cost.

HON. JUSTICE CHRISTINE I KOMBO-ENEGESI (PRESIDING JUDGE) said.”