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From Jude Chinedu, Enugu
The Enugu State High Court has discharged and acquitted John Ngene and Harry Chuks Egbonnaji, holding that merely referring to oneself as an “Igwe-elect” does not constitute an offence under the Traditional Rulers Law of Enugu State.
Delivering a ruling on the matter yesterday, Justice Kenneth Okpe upheld a no-case submission filed by the defendants and ruled that the prosecution failed to establish an essential ingredient of the offence.
The judge declared: “This court, therefore, finds merit in the no-case submission and, accordingly, it is hereby upheld. Consequently, the defendants, John Ngene and Harry Chuks Egbonnaji, are hereby discharged.”
He added: “Again, for the avoidance of doubt, this discharge is on the merit and, therefore, amounts to an acquittal.” The defendants had been arraigned on a two-count charge bordering on allegedly holding out and addressing a person as a recognised chief contrary to Section 19 of the Traditional Rulers Law, Cap 151, Laws of Enugu State, 2004.
The prosecution alleged that between July 8 and July 29, 2020, Ngene portrayed himself and allowed himself to be addressed as the “Igwe-elect” of Amechi Awkunanaw in Enugu South Local Government Area, while Egbonnaji allegedly addressed him as such.
After four prosecution witnesses testified, defence counsel, Chief Nnadiume Awforkansi, filed a no-case submission, arguing that the evidence before the court did not disclose any offence known to law.
In his ruling, Justice Okpe noted that documentary evidence, including text messages tendered as Exhibit E, showed that Ngene referred to himself as Igwe-elect. However, he held that the law criminalises false claims to being a recognised traditional ruler, not claims to being an Igwe-elect. “The phrase used in the section is ‘recognised chief’. So what the section legislates against is portraying, addressing, allowing to be portrayed or addressed as a recognised chief,” the judge said.
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He said a recognised chief under the law is an Igwe or Obi selected by a community and recognised by the governor.
“To constitute an offence under Section 19 of the Traditional Rulers Law, the person must portray or address himself or allow himself to be portrayed or addressed as an Igwe or Obi recognised by the governor. So an essential element of the offence is recognition by the governor.”
Justice Okpe stressed that the prosecution neither alleged nor proved that the defendants presented Ngene as a recognised traditional ruler.
“Even the charge did not say that the defendants portrayed or addressed the 1st defendant as an Igwe,” he noted. The judge further clarified that an Igwe-elect remains distinct from a recognised traditional ruler.
“Let me make this point clear, an Igwe-elect is not yet an Igwe even in the ordinary parlance. He is certainly not an Igwe under the Traditional Rulers Law. For the avoidance of doubt, Section 19 of the Traditional Rulers Law did not criminalise the claim of being an Igwe-elect. What it criminalises is the false claim of being an Igwe or Obi; a traditional ruler recognised by the governor.”
Responding to the judgment, John Ngene thanked God for the court’s decision and called on his opponents to join hands with him in the interest of peace and development in Amechi Awkunanaw. “This is proof that power belongs to God. I thank God for this victory because I have always believed in the truth and in the mandate freely given to me by my people.
“I am appealing to my opponents to put this matter behind us and join me in moving Amechi Awkunanaw forward. The people of the community made their position known and organised an election. Six of us contested, and I emerged victorious.
“My election followed all the procedures laid down by the Enugu State Government. What is important now is the unity, peace and progress of our community. I urge everyone to come together so that we can move Amechi Awkunanaw to greater heights,” he said.
