Court Rejects Asagba’s Bid to Stop Suit Challenging His Selection

An Asaba High Court has rejected an application by the Asagba of Asaba, Obi Prof. Epiphany Azinge (SAN), seeking to terminate a suit challenging the process that produced him as monarch. The ruling allows the legal action filed by Anthony Konwea, one of the contestants to the throne, to move forward.

Azinge had asked the court to dismiss the case on the grounds that the claimant lacked the legal standing to institute the action. His lawyers also argued that Konwea relied on the Bendel State Traditional Rulers and Chieftaincy Edict of 1979, which they maintained had been replaced by the Delta State Traditional Rulers Council and Chieftaincy Laws of 2006.

Justice P. N. Obanor held that the defendant did not establish that the court lacked jurisdiction to hear the matter. The judge added that issues relating to the validity of the customary law declaration referenced by the claimant require detailed examination during the main trial.

The court further held that questions surrounding compliance with statutory requirements involve factual issues that cannot be determined solely through affidavit evidence. With the application dismissed, the suit will now proceed to substantive hearing.