A high court in Asaba, Delta State, has ordered the payment of N105 million to two community chiefs, Edwin Monyei and Ifeanyi Isichei, for the violation of their fundamental human rights.
Gatekeepers News reports that the ruling, delivered on September 30 by Justice Onome Marshal-Umukoro, came after the duo filed a lawsuit against Uche Nwajei, head of Otu-Ihaza Ahaba, and Charles Enemokwu, secretary of the group.
The court found that their suspension and exclusion from traditional activities in Asaba infringed on their constitutional right to freedom of association.
Monyei and Isichei, both from Isieke village, claimed they were punished for attending a meeting called by Olisamedua Uwaechia, their village’s diokpa, who had earlier been ostracised for legally contesting the process of selecting the Asagba of Asaba.
They alleged that the respondents branded them as members of a “splinter group,” cut them off socially, and barred them from taking part in communal affairs.
The applicants argued that their suspension, carried out without due process or fair hearing, contravened sections 36 and 40 of the 1999 Constitution and provisions of the African Charter on Human and Peoples’ Rights.
In his judgment, Justice Marshal-Umukoro nullified the suspension, describing it as a blatant breach of their rights. He ordered the respondents to issue a written apology to the applicants, pay N100 million as exemplary damages, and an additional N5 million to cover litigation costs.
The court also restrained the respondents and their agents from further interfering with the applicants’ right to association.
Justice Marshal-Umukoro directed that the judgment be served on Epiphany Azinge, the Asagba of Asaba, noting that he is 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).
