Matilda Omonaiye/
A High Court sitting in Asaba, Delta State, has awarded N105 million in exemplary damages and cost of action in favour of two Asaba chiefs, Ogbueshi Edwin Monyei and Mr. Ifeanyi Isichei, over the violation of their fundamental human rights.
Justice Onome Marshal-Umukoro, who delivered judgment on September 30, 2025, held that the two men were unlawfully suspended and ostracised from traditional activities by Ogbueshi Uche Nwajei (Head/Onoi of Otu-Ihaza Ahaba, Asaba) and Mr. Charles Enemokwu (Secretary, Otu-Ihaza Ahaba, Asaba), who were sued for themselves and on behalf of the Otu-Ihaza Ahaba society in suit number DTHC/ASB/FR/64/2025.
The court found that the respondents’ actions violated the applicants’ fundamental rights to freedom of association and fair hearing, as guaranteed by Sections 36 and 40 of the 1999 Constitution (as amended) and Article 11 of the African Charter on Human and Peoples’ Rights.
The dispute stemmed from the 2024 selection process for the Asagba of Asaba, following which Ogbueshi Olisamedua Uwaechia, Diokpa of Isieke Village, challenged the process in court (Suit No. OSACC/II/285/2024). His suspension and ostracism by the respondents led to a separate fundamental rights case (Suit No. DTHC/ASB/FR/7/2025), where the court, in a March 28, 2025 judgment, declared his suspension unconstitutional and awarded N5 million in damages.
Monyei and Isichei, both of Isieke Village, said they later honoured an invitation from the respondents on April 10, 2025, where they were questioned for attending a meeting convened by the suspended Diokpa, Uwaechia. By April 28, they were also suspended and ostracised for “gross indiscipline” and “supporting a splinter group.”
They told the court that the action left them socially isolated and unable to participate in traditional activities, arguing that their only “offence” was associating with a fellow community leader.
The applicants sought a declaration that their ostracism was unlawful, an order for written apologies, and N100 million in exemplary damages, as well as an injunction restraining the respondents from further interference with their rights.
In their defence, the respondents argued that no constitutional breach occurred and that the applicants’ suspension was a disciplinary action taken in line with Asaba native law and custom. They maintained that the applicants voluntarily joined a “splinter group” loyal to the suspended Diokpa, who they accused of financial mismanagement and unauthorised legal actions.
They further stated that the suspension of Uwaechia and his supporters was published in The Pointer newspaper on June 2, 2025, and that the Diokpa’s earlier judgment was already being challenged at the Court of Appeal.
After reviewing the submissions, Justice Marshal-Umukoro ruled that the respondents’ actions amounted to a serious infringement on the applicants’ constitutional rights.
“The respondents’ decision to ostracise and suspend Ogbueshi Edwin Monyei and Mr. Ifeanyi Isichei from all traditional activities in Asaba constitutes a grave violation of their right to freedom of association, as guaranteed under Section 40 of the 1999 Constitution and Article 11 of the African Charter,” the judge held.
The court awarded N100 million as exemplary damages, N5 million as cost of action, and ordered the respondents to tender a written apology to the applicants. It also issued an injunction restraining them from further interference with the chiefs’ rights.
Justice Marshal-Umukoro further directed that a copy of the judgment be served on the Asagba of Asaba, “the embodiment and custodian of the native laws and customs of Asaba, who thankfully is a Professor of Law and a Senior Advocate of Nigeria (SAN).”
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