The litigation in the High Court of Imo State, in Owerri Judicial Division, Holding at High Court of Justice , Owerri, regarding the tussle for the Ezeship stool in Obiangwu Autonomous Community, in Ngor Okpala Local Government Area of Imo State, came to a glorious end on the 24th day of July, 2025, in favour of Chief James I. Diala, one of the contestants to the throne, as he floors Chief Gabriel Nwosu, another contestant, and others.
In a declaratory judgement delivered by Justice I.M. Njaka, in Suit No: HOW/562/2018, the learned trial judge averred that the plaintiffs, Chief James I. Diala, High Chief Fidelis Okere and Joseph Ugo, for themselves and as representing members of Egbelu Community, in Obiangwu Autonomous Community, Ngor Okpala Local Government Area of Imo State, won on all issues canvassed at the High Court, against the defendants, Governor of Imo State, Attorney General of Imo State, HRH Samuel Ordu and Chief Gabriel Nwosu.
Delivering his judgement, Justice Njaka stated: “It is my view from all that I have said so far that the 4th Defendant’s (,Chief Gabriel Nwosu) claim is bugged with so much irregularities, the fundamental of it being that it is not the turn of Ezi, Chief Gabriel Nwosu’s Geo-political Zone, to produce the Traditional Ruler. The two elections relied upon by the 4th Defendant (Chief Gabriel Nwosu) are splashed with paint brush of Government overbearing intervention and meddlesome. The plaintiffs (Chief James I. Diala, etc) in my humble view, have proved their case.”
In view of an earlier High Court judgement in Suit No: HOW/383/2014, involving the two other contestants, Chief Gabriel C. Nwosu and HRH Samuel Ordu, whereby Chief James I. Diala was not a party to, and in which one of the contestants was declared Eze, which is now pending in the Appeal Court and Chief James I. Diala has requested the Appeal Court to join him as an interested party, the learned trial judge Justice I.M. Njaka, in his wisdom not to contravene the ethics of the Judicial system, stated inter alia thus: “The delivery of a conflicting judgement by outrightly declaring the 1st plaintiff (Chief James I. Diala) would create legal uncertainty regarding the traditional rulership of Obiangwu, undermine public confidence in the judicial system, generate further unnecessary litigation, potentially lead to breach of public peace.”
Furthering, the High Court Judge stated: “While I have established that the plaintiffs’ Suit is not Statute-barred and that the technical elements of res judicata are not strictly satisfied, the broader consideration of judicial harmony, prevention of conflicting decisions, coupled with the conduct of the parties, compel me to decline jurisdiction in this matter.”
Invariably, hence, the expectation is that the final judgement in the matter shall be delivered at the Appeal Court, the judgement in the instant case, delivered by Justice Njaka, having established the critical issue that it is not the turn of the 4th Defendant’s (Chief Gabriel C. Nwosu) Geo-political Zone, Ezi, to produce a Traditional Ruler for Obiangwu Autonomous Community.
In furtherance to his declaratory judgement, Justice Njaka stated: “The change from Eze-Udo to Obioha is a choice made by the Eze (the late Eze Johnson Mgbemena) which does not alter the words of the Constitution. There is no provision in the Constitution directing or demanding that the title of the Traditional Ruler should be changed from Eze-Udo to Obioha. The Constitution did not recognize Eze-Udo. Section 39(i) said that there will be established for the time being, a traditional stool for Obiangwu. It is therefore not enough to say that the arrangement of Geopolitical Sections in the Constitution was erroneous or mistaken, there must be a deliberate and conscientious statutory effort to correct it.”
Continuing, the trial judge Justice Njaka stated: “The plaintiffs (Chief James I. Diala, etc) have by evidence, including the Constitution itself and exhibits 5, 5a and 5b, credibly supported their claim on the effect of the 2007 Constitution. To the effect that it is the turn of Egbelu Obiangwu (Chief James I. Diala’s Zone).
Conclusively, the trial judge Justice I.M. Njaka stated thus: “From all I have said, I can categorically state that it is not only that Ezeship in Obiangwu is rotatory, it is the turn of Egbelu, on whose behalf that this action is brought, to present a person for recognition as the Traditional Ruler of Obiangwu.”
Based on the aforementioned, the case moves to Appeal Court to enable Chief James 1. Diala nullify the earlier judgement of Suit No: HOW/383/2014.