The matter between the families of Late, His Royal Majesty, Late, Eze , Gilbert Nwajari and Late, His Royal Majesty, Eze, Moses Ezi Igwe, both of Umu-Ohali Royal Kindred of Ogbaland, in Ogba/Egbema/ Ndoni Local Government Area of Rivers State, has been put to rest, as the family of Late, Eze, Gilbert Nwajari, has withdrawn the appeal. Since the “RES” SUBJECT MATTER, of the appeal is no longer in existence. Haven Crowned the OBA of Ogbaland.
Where a subject matter of litigation has been destroyed either by a natural cause or performed legitimately, perhaps, through a consensus agreement by the appealing party, the party must as a thing of necessity withdraw the appeal with immediate effect or have it Struck Out by the Court. This simply means that any further legal push by the performing party must be in futility. Since, you cannot appeal for an act already performed by you.
Now, many would ask if such performance did not amount to Contempt or flaunting the process of the Court. Of course it would have if the first instance Court had not Struck out the matter on grounds of wrong process. I. e, return parties back to status quo, of a fresh beginning. And the appeal, according to information was still in the early process. So that it will be wrong that the appealing party still appeal for the act he has already performed.
Again, since who ascends the throne does not have other process than the pronouncement by the Eldest and the family, according to information gathered, It should be on record that, the Ohali Royal throne does not go as others but are more like a deity. The gods appoints the right house and the Eldest makes the pronouncement.
Recall, that both parties had been in Court for the determination of the rightful person to ascend the Royal Stool. And whoever ascends the throne becomes by virtue of the Ogba Custom the King maker. I. e who crowns the Oba of Ogbaland. The battle for the Ohali throne has existed since 1962. Until the Military administration of the then Milford Okilo of Rivers State, entervened and rested the matter between HRH, Eze Gilbert Nwajari and HRH. Eze, Moses Ezi Igwe. However, at the death of the duo, the first Son of the Eze Moses Igwe, claimed that the stool is hereditary and that the Umu-Ohali Royal family has no stake in the stool. This led to the resumption of another face of litigation of the Eze Ohali battle. Where the Umu-Ohali Royal family originated the matter again the Rivers State High Court sitting in Omoku against Mr.Chamberline Igwe, the first son of the Late Eze Moses Ezi Igwe. While the matter was on, the family of the Nwajari presented one of the Sons of the Nwajari, Chima Nwajari, now HRH, Eze Chima Nwajari, for coronation and was crowned by the Umu-Ohali Royal Kindred. Eze Chima Nwajari, later joined the suit as a Joinder, claiming that the stool originally belongs to the Nwajari’s. This led to the High Court Striking out that of the Umu-Ohali, for lack of evidence to prove that the stool was rotatory. And the matter proceeded until it was later struck out by the Justice Biambo’s High Court sitting in Omoku for a wrong process. The Court held that parties ought to had originated the matter from the Rivers State Government, via the Ministry of Chieftaincy Affairs. That until it was exhausted in Ministry that the Court lack the jurisdiction to hear the matter. Eze, Chima Nwajari, not being satisfied with the judgement of the High Court, proceeded for an Appeal. It was still on this process before the Death of the Oba, Chukwumela Nnam-Obi 11 and another Oba, has to be crowned. And according to Custom Eze, Chima Nwajari, was the rightful person to do the Coronation, haven come from the lineage who has severally crowned the previous Oba’s. It therefore follows that whosoever Crowns the Oba, is the Eze Ohali, which Eze, Chima Nwajari, did and has ascended the throne.
Source: @Ikechukwu Dibia Francis (FB).