BREAKING: Court Bars Police from Arresting Mburubu Community Leaders, Suspends Kingship Selection Process by Town Union, Enugu Govt

The Enugu State High Court has granted an Interim Injunction prohibiting the Nigeria Police Force and other respondents from harassing, arresting, detaining, or summoning Dr. Jerry Patrick Onuokaibe, Mr. Kenneth Igbudu, and Mr. Obinna Okonkwo in relation to the ongoing chieftaincy dispute in Mburubu Community, located in the Nkanu East Local Government Area of Enugu State.

Additionally, the court has suspended any selection, election, or eligibility process for the traditional stool of Mburubu Community by the Mburubu Town Union, the Enugu State Government, or any other involved stakeholders unless the plaintiffs actively participate.

The order was issued on Thursday, 27th February 2025, by Hon. Justice C.A. Ogbuabor (PhD) after an ex-parte application was presented by the plaintiffs through their legal counsel, Sir K. Olemeforo.

In the proceedings marked E/195/2025, the plaintiffs sought the court’s protection against alleged intimidation, harassment, arbitrary arrest, and unlawful actions by certain interest groups attempting to influence the selection process for the traditional stool in Mburubu Community.

The defendants, numbered from 1 to 8, include the Nigeria Police Force, the Inspector General of Police, the Commissioner of Police Enugu State, and various police officials. The 9th to 11th defendants consist of Hon. Emmanuel Edeh (sued both in his personal capacity and as a representative of Mburubu Town Union), the Commissioner for Chieftaincy Affairs and Rural Development, and the Attorney General of Enugu State.

After hearing the arguments from the plaintiffs’ counsel, the court issued the following orders:

1. Interim Injunction Against Police Action

The 1st to 8th defendants are restrained from arresting, detaining, or inviting the plaintiffs based on any complaints raised by Hon. Emmanuel Edeh or any party acting on his behalf.

2. Suspension of Kingship Selection Process

The 9th, 10th, and 11th defendants, along with their agents and representatives, are prohibited from proceeding with any processes intended to determine eligibility or elect a traditional ruler in Mburubu Community without the involvement of the plaintiffs.

Justice Ogbuabor underscored the necessity of due process, fairness, and transparency in the selection of traditional rulers, cautioning that any attempts to bypass the law could lead to unrest within the community.

The case has been adjourned to 13th May 2025, where the court will hear the Originating Summons regarding the substantive issues at the heart of the chieftaincy dispute.

The certified court order reads:

IN THE HIGH COURT OF ENUGU STATE OF NIGERIA

IN THE ENUGU JUDICIAL DIVISION

HOLDEN AT ENUGU

BEFORE HIS LORDSHIP HON. JUSTICE C. A. OGBUABOR (PhD)

ON THURSDAY, THE 27TH DAY OF FEBRUARY, 2025

SUIT NO: E/195/2025

BETWEEN:

1. Dr. Jerry Patrick Onuokaibe

2. Mr. Kenneth Igbudu

3. Mr. Obinna Okonkwo

… PLAINTIFFS

AND

1. Nigeria Police Force

2. Inspector General of Police

3. DIG Force CID Abuja

4. AIG Force CID Annex

5. Commissioner of Police Enugu State

6. Deputy Commissioner of Police IRT Abuja

7. ACP Adamu S. Muazu

8. ASP Ozo Adams

9. Hon. Emmanuel Edeh (Sued as for himself and as representative of Mburubu Town Union)

10. Commissioner for Chieftaincy Affairs, Rural Development, Enugu State

11. Attorney General and Commissioner for Justice, Enugu State

… DEFENDANTS

ORDER

Upon hearing the submissions of Sir K. Olemeforo (Counsel for the Applicants) and considering the supporting affidavit and written address filed at the High Court Registry, the court ordered as follows:

1. Interim Injunction restraining the 1st to 8th defendants from arresting, detaining, or inviting the plaintiffs based on any complaint from the 9th defendant or his representatives.

2. Interim Injunction restraining the 9th, 10th, and 11th defendants from conducting any selection or election process for the traditional stool of Mburubu Community without the participation of the plaintiffs.

3. The matter is adjourned to 13th May, 2025, for hearing of the Originating Summons.

Issued under the Seal of the Court and the Hand of the Presiding Judge this 27th day of February, 2025.

J.L. Agu Esq.

Deputy Chief Registrar 1.