The succession to the stool of the Asagba of Asaba has been stalled by Suit No: DTHC/ASB/CV/254/2024 filed at Delta State High Court, Asaba.
The suit was brought before Honourable Justice P. N. Obanor by Chief E. L Akpofure, SAN, on behalf of a frontline aspirant to the throne of Asagba of Asaba, Ogbueshi Anthony Konwea.
Konwea claimed that the conduct of the succession exercise was tainted by serious breaches and violations of the law and tradition.
He is urging Delta State governor, Sheriff Oborevwori, not to give the certificate of recognition and staff of office to Prof. Epiphany Azinge, SAN.
Konwea, who was announced as the first runner up in the tussle for the revered office of the Asagba of Asaba made the request in a letter dated 12th September, 2024, referenced ELA/TC/ECDS/ASB/10/09/24, issued by his counsel, Chief E. L. Akpofure, SAN, prior to the filing of Suit No: DTHC/ASB/CV/254/2024.
The letter adduced, among other reasons, that Prof. Epiphany Chigbogu Azinge, SAN, cannot assume the sacred throne of Asagba Ahaba because he is not the oldest surviving male within his immediate family as he has 3 (three) other surviving older brothers.
Under the native law and custom of Asaba, he cannot ascend the throne ahead of his elder brothers.
In the suit, which listed the governor and his attorney general among the defendants, Konwea is seeking an order of perpetual injunction restraining Azinge from parading himself as the Asagba and/or carrying out any traditional functions associated with the throne of the Asagba of Asaba Kingdom as well as an order of perpetual injunction restraining the governor, deputy governor, the state attorney general and commissioner for justice and their agents and/or privies from recognizing Azinge as the Asagba of Asaba.
He is also seeking the withholding of 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.
Konwea’s deposition included more than a dozen declaration, notable among which are 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 could occupy the throne of the Asagba of Asaba.
He alleged that Azinge has not satisfactorily traced his genealogy as required by law and tradition as he refused or failed to conduct the itu oba ritual to validate that he is a direct descendant of the ancestral founder of Asaba. He is allegedly not qualified to be selected, approved and coronated as the Asagba of Asaba.
He contended that by the native law and custom of Asaba, ascension to the throne of the Asagba of Asaba is rotational among the 5 (five) Quarters that make up Asaba.
Rotation among the Quarters is in the following order: Umuezei, Ugbomanta, Umuagu, Umuaji and Umuonaje.
That the said rotation of the Asagba kingship stool in Asaba started with Obi Nwokolo of Umuezei Quarters, in 1925. Thereafter, the Asagba kingship stool went round all the quarters in Asaba and started the second round with the late Asagba (Prof.) Chike Edozien, who reigned from 1991 to 2024.
That after the death of the erstwhile Asagba of Asaba, who was from Umuezei Quarters of Asaba, it became the turn of his Ugbomanta Quarters to produce the next Asagba of Asaba, in line with the long established order of rotation.
He noted that by virtue of the rotational principle entrenched in the registered Declaration, which the people of Ugbomanta Quarters also adopted to regulate the nomination/section of the next candidate to occupy the stool of Asagba of Asaba, it is the turn of Isieke Village of Ugbomanta Quarters and not that of Umudaike village to produce the next candidate to occupy the stool of the Asagba of Asaba Kingdom.
Konwea is also asking for 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.
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.
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 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.
He is further seeking for a declaration 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.
That following the completion of the burial rites of the said late Asagba of Asaba, HRM Asagba (Prof.) Chike Edozien, a letter dated the 7th day of July, 2024, purporting to be from the palace of the Ochendo-Asagba (Regent) of Asaba, was sent to the Okpala- Uku of Ugbomanta Quarters, requiring him to present candidates to the Asagba-in-Council for the Asagba Kingship stool. That quite curiously, the Ochendo-Asagba (Regent), in order to pave way for the emergence of Prof. Epiphany Chigbogu Azinge (SAN), as one of the candidates to fill the vacant Kingship stool, inserted a clause in his letter dated 7th day of July, 2024, directing the Okpala-Uku of Ugbomanta to eschew zoning in the selection of candidates to be presented for the Asagba Kingship position. He further directed that the said position should be thrown open to all qualified male natives of Ugbomanta Quarters, irrespective of the village or family they come from.
Noting that the Ochendo Asagba does not have any role whatsoever in the selection, by the appropriate Quarter, of qualified candidates to be presented to occupy the Asagba Kingship position, he averred that it is the Okpala-Uku of the appropriate Quarters who has such powers.
At the time of this report the governor’s reaction to the letter is still uncertain. What is however certain is that a deluge of legal fireworks are in the offing as the 1st Defendant and the purported 14th Asagba of Asaba Prof. Epiphany Azinge is also a learned silk and former director general of the Nigerian Institute of Advanced legal studies. He was a Judge at the Commonwealth Arbitral Tribunal sitting in London, where he represented Nigeria and Africa. Prior to his involvement in the succession processes, he was the founder and senior partner at Azinge & Azinge, a law firm in Abuja where his wife Valerie Azinge, SAN, is also a partner.
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