Delta High Court awards N105m to two ‘ostracised’ Asaba chiefs over Asagba selection controversy

By Kennedy Mbele

A High Court, sitting successful Asaba, Delta State, has awarded N100 cardinal arsenic exemplary damages and different N5 cardinal arsenic outgo of enactment successful favour of Ogbueshi Edwin Monyei and Ifeanyi Isichei against Ogbueshi Uche Nwajei (Head/Onoi of Otu-Ihaza Ahaba, Asaba) and Charles Enemokwu (Secretary, Otu-Ihaza Ahaba, Asaba) for themselves and connected behalf of Otu-Ihaza Ahaba, Asaba, who are respondents successful Suit No: DTHC/ASB/FR/64/2025.

In a judgement delivered connected Tuesday, September 30, 2025, Justice Onome Marshal-Umukoro granted the reliefs sought by Monyei and Isichei who are applicants successful the suit seeking for the enforcement of their cardinal quality rights, pursuant to Section 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), and Order II Rules 1, 2, 3, 4, and 5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, and Article 2 and Article 11 of the African Charter connected Human and Peoples’ Rights.

The applicants had sought the court’s declarations and orders against the respondents, alleging violations of their cardinal rights to state of relation and just 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 property people society, ostracised and suspended them from each accepted activities successful Asaba.

According to the applicants, their lawsuit stemmed from events related to the enactment of the Asagba of Asaba, which became vacant successful 2024. Ogbueshi Olisamedua Uwaechia, the Head/Diokpa of Isieke Village, had initiated a lawsuit successful tribunal (Suit No. OSACC/II/285/2024) challenging the enactment process. Subsequently, Uwaechia was suspended and ostracised by the respondents from accepted activities.

This led to a cardinal rights enforcement suit (Suit No: THC/ASB/FR/7/2025), which resulted successful a judgement connected 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 tribunal went up to grant N5 cardinal successful damages. The applicants further alleged that connected April 10, 2025, they honoured an invitation from the respondents, wherever they were queried for attending a gathering called by Ogbueshi Olisamedua Uwaechia connected April 7, 2025, citing his ostracism.

Consequently, connected April 28, 2025, the respondents suspended and ostracised the applicants from each accepted activities successful Asaba, asserting that this was done owed to their “gross indiscipline” and for being portion of a “splinter group” supporting the suspended Diokpa.

The applicants maintained that they did not perpetrate immoderate unlawful acts to warrant this ostracism. They were warned that different indigenes of Asaba were to debar associating with them, which resulted successful their societal isolation and inability to enactment successful accepted activities.

Fair hearing

They contended that the respondents’ actions constituted a continuous usurpation and trampling upon their cardinal quality rights, specifically their close to state of assembly and relation guaranteed by Section 40 of the 1999 Constitution and Article 11 of the African Charter connected Human and Peoples’ Rights. They besides argued that the respondents’ determination to ostracise and suspend them without a just proceeding violates Section 36(1) of the 1999 Constitution.

Based connected the aforementioned alleged breaches, the applicants sought immoderate reliefs from the tribunal and asking its declaration that the respondents’ determination to ostracise and suspend them from each accepted activities successful Asaba constituted a usurpation of their cardinal close to state of association, which is guaranteed nether Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 11 of the African Charter connected Human and People’s Rights, and it is illegal, null and void.

The applicants besides sought Order of the Court directing the respondents to tender a written apology to them for the breach of their cardinal close to state of relation and outgo of the sum of N100million (One Hundred Million Naira only) arsenic exemplary damages against the respondents, jointly and severally for their flagrant usurpation of the applicants’ cardinal close to state of association.

Further, the applicants sought an inj...