Troubled festival: Community, Chief sues Delta State police

Emeka Ibemere

The just concluded Inne festivals which was held on Tuesday 21st of October 2014, without any single record of violence or break down of law and order in Ogwashi-Uku, Delta State is generating another form of crises, two months after the traditional festival.

This is because the custodians of the tradition are been queried for celebrating their annual new yam festival by the police high command in the state.

Against all odds, last year’s new yam festival of the people of Ogwashi-Uku, in Idemili Local Government Area, of Aniocha-South Delta State, a prominent son and a community leader of Agidiase and Agidiehe, celebrated the Inne festival of the community.

The new yam festival, also known as ancient Inne festival takes place at the palace of Agidiehe quarters, every October 21, 2014. 

It would be recalled that last year’s event generated a lot of bad blood over the actual date of the festival.

The altercation followed amidst who, when and where to celebrate the high reverend event among the two communities of Ogwashi Uku Kingdom.

It was gathered that following the protracted Obiship squabble among the people of Ogwashi-Uku, the Inne festival became controversial as to who to preside over the event.

Two  years ago, about five people were allegedly killed in crises over the Obiship in Ogwashi-Uku kingdom between the families Obi Felix Ogochukwuka 11 of Deiyi royal family of Agidiehe quarters and Umu obi Obahai royal family.

Despite the Appeal Court ruling in Benin City on the legal tussle over the Obiship of Ogwashi Uku kingdom headquarters of Aniocha-South Local Government Area of Delta State, the communities are yet to have peace.

It would be recalled also that the court had declared the Umu obi Obahai royal family as the only family qualified to produce obi of Ogwashi Uku.

The court ruling said Professor Chukwuka Okonjo is the authentic Obi of Ogwashi Uku after the High Court in Delta State removed from the throne, Obi Felix Ogochukwuka 11 of Deiyi royal family in 2007.

But the judgement didn’t go down well with the people of Ogwashi-Uku even though the case was said to be at the Supreme Court.

However, last year’s festival of the famous Inne festival attracted altercation between both families as some kingmakers in the community deferred on whom to preside over the Inne festival?

This year, the tussle between the two families led to the observation of the festival of Inne separately between both families and some kingmakers in the community. While Umu obi Obahai royal family celebrated their own separately, the families of Obi Felix Ogochukwuka 11 of Deiyi royal family of Agidiehe quarters observed theirs’ differently.

However, last year’s festival of the famous Inne festival was finally held on Tuesday 21, October 2014 and it has turned out to be a legal tussle between the Delta State Police Command and the adherents of the festival.

A traditional chief, a king-maker and community leader, HH Nwajei Chuks Nwajei, Agumba and Akaji obi of Ogwashi-Uku, was quizzed by the police few days after celebrating the annual Inne festival- the community’s new yam festival of the people of Ogwashi-Uku by the Asaba State Criminal Investigation Department, SCID, on interrogation but after the exercise, he was allegedly detained on the orders of an Assistant Commissioner of Police, Noah Adesoyin on charges of claiming to be the Obi of Ogwashi-Uku and adorning the traditional regalia of Obi.

The event later went sour for the Assistant Commissioner, when on the second day he allegedly developed stroke at his detention cell and couldn’t walk again.

The oddity forced the police to rush him to the Federal Medical Centre Asaba, Delta State Capital, where he was detained on his hospital bed under the surveillance of a junior police officer and for five days, he was sick and hapless without any visit by the senior police officer who ordered his arrest and detention.

For apparently arresting and detaining a traditional Chief for five days without trial, the community and one of their chiefs’ dragged the police boss to the Federal High Court of Justice in the Asaba Judicial Division; for detaining a traditional Chief on allegation of celebrating the traditional new yam festival, the popular Inne festival and adorning Obi regalia.

Others listed in the suit are the Police Service Commission, Abuja, Inspector General of Police, Abuja and the Delta State Commissioner of Police. Others are Mr Lawrence Okolobi from Ogwashi Uku and Collins Afuwah also from Ogwashi Uku.

Mr Adesoyin, head of the SCIED and Assistant Commissioner of police’s problem started when he ordered his officers to affect the arrest of Agumba and Akaji obi of Ogwashi-Uku and detained him for five days without charging him to court for his offences.

However, on November 11, 2014, Nwajei said he mandated his lawyers to proceed to court for breach of his fundamental human rights by the Assistant Commissioner of police and claiming damages to the tune of N50million.

In a law suit No FHC/ASABA/C5/60/2014, made available to Daily Signpost, Nwajei’s lawyer Andy N Onyejose, Esq is asking the court to restraining the respondents from re-arresting the applicant and further restraining the other respondents, their agents or servants from presenting themselves as complainants on behalf of the Obi-In-Counsel by employing the services of the 4^th respondent against the applicant, pending the determination of the substantive suit before the honourable court.

Daily signpost gathered that there was another case against the respondents 5^th and 6^th on the case before now.

“A declaration that the arrest and detention of the applicant by the 4^th respondent on the 22^nd and 27^th October, 2014 at the instance of the 5^th and 6^th respondents was unlawful, unconstitutional and contravened his rights to personal liberty, freedom of movement, dignity of human person as protected and guaranteed by sections 34, 35 and 41 of the constitution of the federal Republic of Nigeria, 1999 as amended”, the lawyer stated in his law suit.

The lawyer also stated that the denial by the Assistant Commissioner of police to allow Nwajei to receive medical treatment while in the police cell was unlawful, unconstitutional and contravened his rights to live as protected and guaranteed by sections 34, 35 and 41 of the Nigerian constitution.

The lawyer further asked the court to stop further disturbing, molesting, harassing, arresting and detaining Nwajei for performing his annual Igba Inneh festival without compliance with the due process of the law and order and that Nwajei as a free citizen, who has not committed any criminal offence or found guilty of any offence by court of competent jurisdiction is entitled to enjoy his fundamental rights. He also stated that the Nwajei being a traditional Chief in Ogwashi-Uku is entitled to perform his annual Igba Inneh.

He said the damages Nwajei was claiming in the sum of N50, 000.000.00, only was a claim jointly and severally against Adesoyin, Okolobi and Afuwah, for being the cost of injury suffered by Nwajei due to his arrest and incarceration in harmful fumigated police cell at the instance of the Delta State Assistant Commissioner of police, which caused the paralyzing of Nwajei and financial losses he incurred due to his admission from harmful fumigated police cell to federal Medical Cen

tre’s Emergency Ward, Asaba for six days without any justifiable reasons for his arrest and detention by the officer.

 “By virtue of section 35 of the constitution of the federal Republic of Nigeria, 1999 as amended, every citizen of Nigeria is entitled to his/her personal liberty and shall not be deprived of such liberty except for cases spelt out in paragraph (a) (e), of the subsection,” the law suit read.

In support of the motion to sue the police officer, Nwajei in an oath affidavit made available to our Correspondent stated that it was customary that under the native law and custom of Ogwashi Uku, every Chief in Ogwashi-Uku is entitled and expected to perform annual festival called Igba Inneh.

“I have been performing my annual Igba Inneh festival since I was conferred a chief in Ogwashi-Uku, since 2001 without any break down of law, harassment or molestation”, Nwajei added.

“That I performed my annual Igba Inne on Tuesday 21^st day of October 2014, without any single record of violence or break down of law and order in Ogwashi-Uku”.

According to Nwajei, on Wednesday 22 October, 2014 at about 6.47am, a team of armed police officers men and women from the police command, Asaba and Ogwashi Uku Division stormed into his residence to arrest him. He stated that on getting to Asaba Police State Headquarters, he was taken straight to the office of Mr. Noah Adesoyin, the Assistant Commissioner of Police, and the State Criminal Investigation Department about 8.15 for interrogation.

“In the office of Mr Noah Adesoyin, I met Messers Lawrence Okolobi and Collins Afuwah waiting for my arrival for the arrest. That immediate, the IPO informed the 4^th Respondent that I have been arrested and immediately the 4^th Respondent started using invective words on me without letting me know my offence. Thereafter, the 4^th Respondent ordered that I should be detained and I was accordingly detained”, he explained.

According to Nwajei, his traducers misinformed the police that he forged Mr Collins Afuwah’s signature on Power of Attorney but that he was able to rebut the allegation before the police officer Moreso, that he had no reason to forge anybody’s signature to sell his own land on James Nwajei’s land.

“I was kept in the Cell, the 4^th Respondent advised 5^th and 6^th Respondents to go for another allegation against me. That inside, the Cell was fumigated with chemical before my arrival and I complained to the IPO, that the Cell is offensive to my health but I was ignored”, he stated in his sworn affidavit.

“That it was after I have been detained for hours that the IPO, brought me out to make statement on the forgery which I debunked the allegation to include that the matter is in High Court of Justice, Ogwashi Uku with the petitioner”.

He said that it was based on the advice of the 4^th Respondent to the 5^th and 6^th respondents respectively, to go and get more allegations against him that that they brought allegation that while he was performing his annual Igba Inneh festival that he dressed like the King of Ogwashi Uku, the Obi.

“That the next day been 23^rd day of October, 2014 when the IPO came to the Cell to arraign me in court that I informed him that I could no longer stand or walk with my two legs that I need immediate medical attention but I was denied immediate medical attention until later in the day when the situation has worsen that I was taken to Federal Medical Centre Asaba and I was admitted in their emergency ward immediately”, Nwajei swore.