A High Court sitting in Asaba, Delta State, has awarded ₦100 million as exemplary damages and another ₦5 million as cost of action in favour of Ogbueshi Edwin Monyei and Mr. Ifeanyi Isichei against Ogbueshi Uche Nwajei (Head/Onoi of Otu-Ihaza Ahaba, Asaba) and Mr. Charles Enemokwu (Secretary, Otu-Ihaza Ahaba, Asaba), both sued for themselves and on behalf of Otu-Ihaza Ahaba, Asaba, in Suit No: DTHC/ASB/FR/64/2025.
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In a judgment delivered on Tuesday, September 30, 2025, Justice Onome Marshal-Umukoro granted the reliefs sought by the applicants, who had approached the court for enforcement of their fundamental rights under Section 46(1) of the 1999 Constitution (as altered), the Fundamental Rights (Enforcement Procedure) Rules, 2009, and Articles 2 and 11 of the African Charter on Human and Peoples’ Rights.
Monyei and Isichei, both from Isieke Village, Asaba, alleged that the respondents — members of the Otu-Ihaza Ahaba age-grade society — ostracised and suspended them from all traditional activities in Asaba.
Their suspension, they said, was linked to the selection dispute over the Asagba of Asaba, which became vacant in 2024. Following a separate suit filed by Ogbueshi Olisamedua Uwaechia, the Head/Diokpa of Isieke Village (Suit No. OSACC/II/285/2024), challenging the selection process, Uwaechia was suspended and ostracised by the same respondents.
That earlier action led to another rights enforcement case (Suit No: THC/ASB/FR/7/2025), in which the court ruled on March 28, 2025, that Uwaechia’s suspension and ostracism were unconstitutional and awarded ₦5 million in damages.
After the judgment, Monyei and Isichei were invited by the respondents on April 10, 2025, and later suspended on April 28, 2025, for attending a meeting convened by Uwaechia on April 7, 2025. The respondents accused them of “gross indiscipline” and belonging to a “splinter group” loyal to the suspended Diokpa.
The applicants maintained that they committed no wrongdoing and that their ostracism subjected them to public ridicule and social isolation, effectively denying them participation in community life.
They contended that the respondents’ actions amounted to a continuous violation of their fundamental rights to freedom of association and fair hearing, guaranteed under Sections 36(1) and 40 of the 1999 Constitution and Article 11 of the African Charter.
Accordingly, they sought court declarations that their suspension was illegal, null, and void, an order compelling the respondents to tender a written apology, and payment of ₦100 million as exemplary damages for the breach of their constitutional rights. They also sought an injunction restraining further interference with their rights and payment of the cost of action.
In their defence, the respondents argued that the applicants’ complaint did not disclose any recognizable breach of fundamental rights under the Constitution, insisting that no one can be compelled to associate with another against their will.
They claimed that the Diokpa (Uwaechia) acted unilaterally by challenging the emergence of Prof. Epiphany Azinge as Asagba of Asaba without consulting the village and had mismanaged community funds. They said his suspension, announced in Pointer Newspaper on June 2, 2025, was a legitimate disciplinary measure under native law and custom.
The respondents further alleged that the applicants supported the suspended Diokpa in forming a “parallel government” and using the police to harass community members. They maintained that the applicants were duly heard before suspension and added that the earlier judgment in favour of Uwaechia had been appealed at the Court of Appeal.
After reviewing all arguments, Justice Marshal-Umukoro held that the respondents’ actions constituted a grave infringement of the applicants’ fundamental right to freedom of association.
The court declared the suspension and ostracism illegal, null, and void, and ordered the respondents to jointly and severally:
- Tender a written apology to the applicants;
- Pay ₦100 million as exemplary damages for the flagrant violation of their rights; and
- Pay ₦5 million as the cost of the action.
The court also granted an injunction restraining the respondents, their agents, or privies from further interfering with the applicants’ right to freedom of association.
Justice Marshal-Umukoro further directed that a copy of the judgment be served on the current Asagba of Asaba, describing him as “the embodiment and custodian of Asaba native law and custom, who thankfully is a Professor of Law and a Senior Advocate of Nigeria (SAN).”
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