By Austin Ogwuda
AN Asaba High Court has ordered the Head/Onoi of Otu-Ihaza (Traditional Govt) of Asaba, others to pay the sum of N105m as damages to two Asaba Chiefs who were ostracised during the build up to the selection process leading to the emergence of the incumbent Asagba of Asaba, Obi (Prof) Epiphany Azinge (SAN).
The Court presided over by Justice Onome Marshal-Umukoro awarded N100 million as exemplary damages and another N5 million as cost of action in favour of Ogbueshi Edwin Monyei and Ifeanyi Isichei against Ogbueshi Uche Nwajei (Head/Onoi of Otu-Ihaza Ahaba, Asaba); Charles Enemokwu (Secretary, Otu-Ihaza Ahaba, Asaba) for themselves and on behalf of Otu-Ihaza Ahaba, Asaba, who are respondents in Suit No: DTHC/ASB/FR/64/2025.
The applicants had sought the court’s declarations and orders against the respondents, alleging violations of their fundamental rights to freedom of association and fair hearing.
Stating their case, the applicants (Ogbueshi Edwin Monyei and Mr. Ifeanyi Isichei); who hail from Isieke Village, Asaba, averred that the respondents, who are members of the Otu-Ihaza Ahaba age grade society, ostracised and suspended them from all traditional activities in Asaba.
According to the applicants, their case stemmed from events related to the selection of the Asagba of Asaba, which became vacant in 2024. Ogbueshi Olisamedua Uwaechia, the Head/Diokpa of Isieke Village, had initiated a case in court (Suit No. OSACC/II/285/2024) challenging the selection process.
Subsequently, Uwaechia was suspended and ostracised by the respondents from traditional activities.
This led to a fundamental rights enforcement suit (Suit No: THC/ASB/FR/7/2025), which resulted in a judgment on March 28, 2025, declaring the suspension and ostracism of Ogbueshi Olisamedua Uwaechia unconstitutional, restraining the respondents from interfering with his rights.
Consequent upon this declaration, the court went ahead to award N5 million in damages. The applicants further alleged that on April 10, 2025, they honoured an invitation from the respondents, where they were queried for attending a meeting called by Ogbueshi Olisamedua Uwaechia on April 7, 2025, citing his ostracism.
Consequently, on April 28, 2025, the respondents suspended and ostracised the applicants from all traditional activities in Asaba, asserting that this was done due to their “gross indiscipline” and for being part of a “splinter group” supporting the suspended Diokpa.
The applicants maintained that they did not commit any unlawful acts to warrant this ostracism. They were warned that other indigenes of Asaba were to avoid associating with them, which resulted in their social isolation and inability to participate in traditional activities.
They contended that the respondents’ actions constituted a continuous violation and trampling upon their fundamental human rights, specifically their right to freedom of assembly and association guaranteed by Section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples’ Rights. They also argued that the respondents’ decision to ostracise and suspend them without a fair hearing violates Section 36(1) of the 1999 Constitution.
Having listened to arguments and submissions from both parties and thorough examination of issues supported by decided cases and other extant legal authorities, the Judge, on Tuesday, September 30, 2025, granted the reliefs sought by Monyei and Isichei
*Awarded N100 million as exemplary damages and another N5 million as cost of action in favour of Ogbueshi Edwin Monyei and Ifeanyi Isichei against Ogbueshi Uche Nwajei (Head/Onoi of Otu-Ihaza Ahaba, Asaba); Charles Enemokwu (Secretary, Otu-Ihaza Ahaba, Asaba) for themselves and on behalf of Otu-Ihaza Ahaba, Asaba, who are respondents in Suit No: DTHC/ASB/FR/64/2025.
*That the respondents’ decision to ostracise and suspend Ogbueshi Edwin Monyei and Ifeanyi Isichei from all traditional activities in Asaba constituted a serious infringement of their fundamental human right to freedom of association, as guaranteed under Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 11 of the African Charter on Human and People’s Rights, and is therefore illegal, null, and void.
*That the respondents should jointly and severally tender a written apology to the applicants for the breach of their fundamental human rights and ordered that the respondents should jointly and severally pay the sum of N100million (One Hundred Million Naira only) to the applicants as exemplary damages for the flagrant violation of their fundamental human rights.
*An injunction restraining the respondents, whether by themselves, their servants, agents, privies, or in any other manner, from further interfering with the applicants’ right to freedom of association. The sum of N5 million (Five Million Naira) was subsequently awarded to the applicants as the cost of action.
*That the judgement should be served on the present Asagba of Asaba, the traditional ruler of Asaba, “who 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)”.
Credit: Vanguard
