Enugu Igweship Tussle: Court Rules In Favour of Mburubu Town Union, Upholds 2003 Constitution, Orders Election Within 21 Days

The Enugu State High Court on Tuesday, February 12, 2025, delivered a pivotal judgment in the ongoing legal battle surrounding the Igweship of Mburubu, a town located in Nkanu East Local Government Area. The court, presided over by Justice C.O. Ajah, ruled in favor of the Mburubu Town Union, barring Mr. Jerry Onuokaibe from contesting.

The dispute over the Igweship of Mburubu has been one of the most contentious issues, drawing factions and legal challenges. The heart of the conflict centered on the legitimacy of Mr. Onuokaibe’s claim to the throne and the body responsible for overseeing the selection process of the Igwe.

Justice Ajah’s ruling dealt a significant blow to the Mburubu General Assembly, the group that had previously positioned itself as the organization responsible for coordinating the election of the next Igwe. In her judgment, the judge declared that the Mburubu General Assembly was an unauthorized, “faceless organization and interloper” with no legal standing. The court found that this group was not registered with the Corporate Affairs Commission (CAC), which rendered its actions null and void. This ruling undermines the Assembly’s attempt to organize the selection process and barred Onuokaibe from presenting himself as a candidate through their unrecognized framework.

Another crucial aspect of the case was the challenge posed by the 1976 purported constitution of Mburubu, which Mr. Onuokaibe presented as the foundational document justifying his candidacy. The court swiftly dismissed the 1976 constitution, ruling it was merely a set of guidelines for traditional rulers within the former Eastern region. It was never intended to serve as the definitive legal constitution for the community of Mburubu.

In direct contrast, the court affirmed that the Mburubu Town Union’s 2003 Constitution, which has been officially recognized by the Enugu State Government, is the only valid legal document governing the community. This constitution supersedes any prior documents, including the 1976 guidelines, and is enforceable within the bounds of the law.

A key issue in the judgment was the clarification of the leadership selection process within Mburubu. Justice Ajah highlighted that the updated 2003 Constitution of the Mburubu Town Union established a rotation system based on seniority, as opposed to the earlier rotation outlined in the 1976 code of conduct. The revised system, according to the ruling, ensures a fairer and more structured approach to leadership selection, which is binding on all parties involved.

Additionally, the court made a decisive ruling regarding the rightful heir to the Igweship stool. The Igweship of Mburubu, the court affirmed, is reserved for candidates from Uhuegbe village, which holds the second position in the seniority hierarchy of the community. Mr. Onuokaibe, whose roots trace back to the Umunafor village – fifth in the seniority ranking – was therefore legally barred from contesting for the Igweship.

The court’s judgment has established a significant precedent for the selection of traditional rulers in Enugu State. Justice Ajah’s directive for the Mburubu Town Union to conduct an election within 21 days, under the oversight of the Ministry of Rural Development and Chieftaincy Affairs, is expected to restore order and legitimacy to the Igweship process in the community.

In a final move to ensure accountability, the court imposed a fine of N500,000 on both Mr. Onuokaibe and the Mburubu General Assembly. The fine, aimed at penalizing them for their role in disrupting the peace of the community and misusing judicial resources, sends a strong message about the importance of adhering to legal procedures in traditional leadership matters.

The judgment has been widely hailed as a victory for the rule of law, as it underscores the judiciary's role in safeguarding the integrity of traditional institutions and promoting lawful governance structures. With the 2003 Constitution of the Mburubu Town Union now fully endorsed, the community can now proceed with a clearer and more structured process for electing its next Igwe, ending a long-standing dispute that has disrupted its leadership framework.

This ruling ensures that the people of Mburubu can now move forward with confidence, knowing that the future of their traditional leadership will be guided by legal and constitutional principles.