Delta State High Court Strikes Out Suit Challenging Installation of Prof. Epiphany Azinge, SAN, as 14th Asagba of Asaba
The Delta State High Court sitting in Asaba has struck out a suit challenging the selection and installation of Professor Epiphany Azinge, SAN, as the 14th Asagba of Asaba, holding that the claimants failed to comply with the mandatory legal requirements for instituting proceedings under the state’s chieftaincy laws.
Justice P. N. Obanor delivered the ruling on Tuesday, October 27, 2026, after upholding a preliminary objection brought by the 3rd Defendant, Asagba Prof. Epiphany Azinge, OON, SAN, FNIALS, the Asagba of Asaba, challenging as incompetent, devoid of jurisdiction and locus standi, Suit No. DTHC/ASB/CV/213/2024 brought by Obi Ikechukwu Nwajei, Ogbueshi Iweanya Nwajei and Ogbueshi Amechi Akpoku challenging his selection and installation as the 14th Asagba of Asaba.”
The court said after reviewing the arguments canvassed in support of the Preliminary Objection by the Lead Counsel to the 3rd Defendant, Chike George Onyemenam (SAN) and the arguments canvassed in opposition to the Preliminary Objection by the Claimants’ lead counsel, Chief Emeka Ofodile (SAN), upheld the Preliminary Objection.
The court therefore terminated the suit for being incompetent and for want of jurisdiction of the High Court to entertain same, for failure of the claimants to fulfill the mandatory condition precedent before filing an action to challenge the selection and installation of a Traditional Ruler under the Chieftaincy Laws of Delta State.
Similarly, the court also struck out the suit brought by same claimants, Obi Ikechukwu Nwajei, Ogbueshi Iweanya Nwajei and Ogbueshi Ameachi Akpoku brought against Engr. Louis Edozien, the Ochendo of the 13th Asagba of Asaba who presided over the selection of the 14th Asagba.
The court after listening to the arguments of the claimant’s counsel, Chief Emeka Ofodile (SAN) and that of the defendant’s counsel, Chief Arthur Obi Okafor (SAN), dismissed the suit for non-compliance with the condition precedent before bringing on the action.
With this verdict, the above-mentioned suit filed by the claimants has been finally laid to rest by the court.
