The raging controversy surrounding the succession to the Asaba Stool has taken a new turn as not less than five notable sons of Asaba have collectively, through their counsel, Chief E. L. Akpofure, SAN made a legal representation to the Executive Chairman of Oshimili-South Local Government Council, under which Asaba is administered, to suspend the payment of all salaries, allowance, remunerations and other benefits accruable to the stool of the Asagba of Asaba kingdom to the purported Claimant of the stool and title of Asagba of Asaba kingdom.
This latest twist in the struggle for succession is indicative that the seed of discord and the pervading deep trouble that is currently assailing the revered Asagba throne may not abate any time soon. The protagonists are Ogbueshi Sualeze Eluaka of Umuezei Quarter, Kelvin Awele Isichei of Ugbomanta Quarter, Frank Izuka Nwosa of Umuaji Quarter, Adim Ojei of Umuanaje and Ogueshi Anthony Ogugua Konwea of Ugbomanta Quarter who are all indigenes spread across four of the five Quarters or Ebos of Asaba in Oshimili-South Local Government Area, Delta State of Nigeria.
At their behest, Chief E. L. Akpofure, SAN, in a letter referenced ELA/TEC/OSLGC/11/24 dated October 26, 2024, reminded the Council Chairman that on 5th day of October, 2024, Prof. Epiphany Chigbogu Azinge, SAN, was purportedly installed/ coronated as the 14th Asagba of Asaba. The letter cautioned that the succession process was flawed, noting that customarily, succession to the traditional stool of the Asagba of Asaba is regulated by the registered Declaration made under Section 8 of the Traditional and Chief Edict, 1979 (now Law) stating the customary law regulating succession to the title of the Asagba of Asaba. The letter which was copied to the Secretary and Treasurer of the Council served notice to the pendency of Suit No: DTHC/ASB/CV/254/2024 between Ogbueshi Anthony Ogugua Konwea vs. Prof. Epiphany Chigbogu Azinge, SAN & 5 ORS. The letter bore the following title:
A CALL TO SUSPEND THE PAYMENT OF ALL SALARIES, ALLOWANCES REMUNERATIONS AND OTHER BENEFITS ACCRUABLE TO THE STOOL OF THE ASAGBA OF ASABA KINGDOM TO THE INCUMBENT ASAGBA OF ASABA KINGDOM
In the letter, Learned Counsel noted that the rotational protocol established by law was grievously subverted in the conduct of succession exercise. Rather than allow the people of Ugbomanta quarter to freely and conscientiously select the most qualified candidate to ascend the throne, the entire process was maneuvered by DR. ANTHONY ONUORA EDOZIEN who, before the purported coronation of Prof. Epiphany Chigbogu Azinge, SAN as the 14th Asagba of Asaba, was the Ochendo-Asagba of Asaba kingdom, and LOUIS O. N. EDOZIEN, the younger brother of DR. ANTHONY ONUORA EDOZIEN who acted in the stead of the Uchendo-Asagba throughout the selection process, purportedly in connivance with Prof. Epiphany Chigbogu Azinge, SAN to have him selected, approved and eventually coronated as the 14th Asagba of Asaba against the wishes, yearnings and clamour of the people of Ugbomanta, especially those of Isieke Village who felt that it was their turn, within Ugbomanta quarter, to present a candidate to occupy the throne of the Asagba of Asaba Kingdom.
Meanwhile, after the purported selection and approval of Prof. Epiphany Chigbogu Azinge, SAN, as the Asagba (designate) of Asaba Kingdom, some indigenes of Ugbomanta quarter approached the Asaba Judicial Division of the High Court of Delta State, to challenge the said selection and approval of Prof. Epiphany Chigbogu Azinge, SAN, as the purported Asagba (designate) of Asaba Kingdom.
On the part of OGBUESHI ANTHONY OGUGUA KONWEA (one of our clients herein), who was duly selected by the people of Isieke village as the qualified candidate to occupy the stool, he has also filed the instant suit (No. DTHC/ ASB/CV/ 254/ 2024) on 23/10/ 2024 at the Asaba Judicial Division of the High Court of Delta State against Prof. Epiphany Chigbogu Azinge, SAN and other parties including Delta State Government. The Writ of Summons and Statement of Claim were annexed to the letter claiming the following reliefs:
1. A DECLARATION that the succession to the throne of the Asagba of Asaba is regulated by the registered Declaration made under Section 8 of the Traditional and Chiefs Edict, 1979 (now Law) which states the procedure and customary law that regulate succession to the title of the Asagba of Asaba.
2. A DECLARATION that in line with the registered Declaration, it is only the adult male members of Ugbomanta Quarters in a meeting summoned by the Okpala-Uku of Ugbomanta Quarters that have the powers to nominate a candidate to occupy the stool of the Asagba of Asaba.
3. A DECLARATION that the traditional functions of the 2nd Defendant, who is the Ochendo-Asagba (Regent) of Asaba, in the process of the nomination/selection of a candidate to occupy the throne of the Asagba of Asaba are sacrosanct and cannot be delegated or carried out by any other person.
4. A DECLARATION that the failure of the 2nd Defendant to personally act in his capacity as the Ochendo-Asagba (Regent) of Asaba kingdom and perform all the functions and duties bestowed on him throughout the process of the selection and approval of the candidate or candidates to occupy the stool of the Asagba of Asaba in line with the provisions of paragraphs 4 & 5 of the registered Declaration made under Section 8 of the Traditional Rulers and Chiefs Edict, 1979 (now Law), renders all the decisions and meetings taken and/or held by the 3rd Defendant null and void.
5. A DECLARATIAON that the various purported written correspondences, meetings held and decisions taken by the 3rd Defendant for and on behalf of the 2nd Defendant, are all void ab initio as the 2nd Defendant cannot delegate his traditional functions and duties bestowed on him as the Ochendo-Asagba (Regent) of Asaba by the Traditional Rulers and Chiefs Edict, 1979 (now Law) to any other person including but not limited to the 2nd Defendant.
6. A DECLARATION that by virtue of the registered Declaration of the customary law regulating the succession to the throne of the Asagba of Asaba, it is only a descendant of Nnebisi that can occupy the throne of the Asagba of Asaba.
7. A DECLARATION that the 1st Defendant, whose great grandfather was purportedly a settler in Umudaike village and not a descendant of Nnebisi, the ancestral founder of Asaba, is not qualified to be selected, approved and coronated as the Asagba of Asaba.
8. A DECLARATION that the entire process which led to the emergence of the 1st Defendant as the Asagba(designate) of Asaba as well as his coronation as the Asagba of Asaba, is in flagrant breach of the customs, traditions and the provisions of the registered Declaration of the customary law regulating the succession to the throne of the Asagba of Asaba.
9. AN ORDER of this Honourable Court setting aside the entire process which led to the emergence of the 1st Defendant as the Asagba (designate) of Asaba as well as his coronation as the Asagba of Asaba.
10. AN ORDER OF PERPETUAL INJUNCTON restraining the 1st Defendant from parading himself as the Asagba of Asaba and/or carrying out any traditional functions associated with the throne of the Asagba of Asaba kingdom.
11. AN ORDER OF PERPETUAL INJUNCTON restraining the 4th – 6th Defendants, their agents and/or privies from recognizing the 1st Defendant as the Asagba of Asaba, according him with all the rights, privileges and paraphernalia, associated with the stool of the Asagba of Asaba, including but not limited to issuing him the official Staff of Office and/or giving any effect, whatsoever, to him as the Asagba of Asaba kingdom.
There is no gainsaying the fact that the above reliefs speak volume for themselves.
On behalf of our clients, we wish to reiterate that as the Executive Chairman of Oshimili-South Local Government Council, who authorizes or approves the payment/ disbursement of the salaries, allowances and other benefits accruable to the Stool of the Asagba of Asaba, it is only fair and conscionable not to authorize or approve such payments until the pending suits are determined, one way or the other.
He disclosed that the rationale behind this notice is to avoid a situation where the treasury of the Local Government Council is expended on a wasteful venture in view of the vigorous challenge to the candidacy of the occupant of the ancient stool of the Asagba of Asaba kingdom.
Counsel expressed the hoped that the Executive Chairman of Council would appreciate the genuine concerns and agitations of Asaba citizens and use his good office to ensure that the relevant department(s) of the Local Government Council do not act contrary to “our clients’ simple request”.
Finally, he urged the Executive Chairman to kindly note that in line with the relevant provisions of the law which stipulates the condition precedent to commencing an action in court against Oshimili-South Local Government Council, this letter also serves as the requisite Statutory Notice to commence legal proceedings against Oshimili-South Local Government Council in the event that the humble and innocuous request of our clients is not given a favorable consideration.
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