The Customary Court of Appeal (CCA) sitting in Port Harcourt has set aside the judgment challenging the emergence of Jonathan Banigo as Chief and Head of Banigo Major House of Bonny Kingdom.

The court held that there was no judgment ousting Chief Banigo as the said judgment by the Customary Court sitting in Bonny was defective, stating that it was “a nullity by reason of illegality”.

In a unanimous landmark judgment, which certified true copy (CTC) was sighted by Kristina Reports, delivered by Justice Frank Onyiri, who read the lead judgment, the appellate court on September 30, 2020, dismissed an appeal in Suit No. CCA/PH/56M/2019 brought before it by Johnson D. Dagogo and Jonathan T. Banigo, as appellants, and Joel D. Ibaningo, Hilkiah T. Igoni, Edward J. Banigo, Aminiowugha Owen Macaulay Pepple, and Arthur L. S. Willie-Pepple, as respondents, respectively, seeking a stay of execution in Suit No. CCB/17/2015.

Hon. Justice Frank Onyiri, in his ruling, held that with regards to the said judgment as contained in Suit No. CCB/17/2015 “there exists no valid judgment upon which the appeal of the applicants can be predicated upon.”

“The corollary of the above is that there is no competent or valid appeal to sustain the instant application, as you cannot put something on nothing and expect it to stay there. U. A. C. v Mcfoy (Supra).”

“In line with my earlier holding that the judgement of the lower court delivered on 12/9/2019 is a nullity by reason of illegality, I hold that there is no judgment to be stayed as applied by the applicants therein. The solitary issue for determination projected above is accordingly resolved in the negative namely – that this application is not grantable in the circumstances of this case. The instant application is founded on nothing and is hereby struck out.”

This position was also adopted by Hon. Justice I. E. Obuzor (Presiding Judge) and Hon. Justice Bright N. L. Deemua. 

Recall that in November 2015, prior the presentation of Jonathan T. Banigo to the Bonny Chiefs’ Council (BCC) as Chief and Head of the Banigo Chieftaincy House, Joel D. Ibaningo had filed a suit at the Customary Court sitting in Bonny, seeking to be named substantive head of the Banigo Chieftaincy House.

But reacting to the verdict of the lower court which granted the prayers of the litigant, the Customary Court of Appeal (CCA) held that the lower Court erred by not adhering to the diligent application of extant procedures of adopting and applying written deposition on oath of witness.  

In voiding the said judgment of the Customary Court sitting in Bonny in Suit. No. CCB/17/2015, the appellate court referred to the statutory provisions and mandatory requirements of taking Oral Evidence on Oaths from witnesses appearing before it in any trial, as a Customary Court in Rivers State, under both Sections 256 (1)(c) Evidence Act 2011 and Section 21(1) of the Rivers State Customary Courts Law, 2014 and Order 10 Rule 4 of the Rivers State Customary Court Rules 2011.

With this development and in the absence of any valid judgment challenging the emergence of Jonathan D. Banigo as Chief and Head of Banigo Major House, the coast appears clear for him to function fully and discharge his leadership roles as traditional head of the Iringeresibo (Banigo) Major House of Bonny Kingdom.

An elder of the Banigo Major House, who preferred anonymity, told Kristina Reports that this was the time for all parties to converge for the unity, progress and development of the House.

“We cannot continue fighting over who is the Chief of the house and who gets what. Let’s sheathe and swords and drop our hatchets and work together with Se-Alabo Joe Banigo to move the house forward.”

“This is a new era for all of us descendants of Iringeresibo. We must rise to the occasion and demonstrate our understanding of the fact that the overarching interest of the house supersedes our personal interests. I plead with our brothers to forget the past and let us come together.”

“Se-Alabo Joe Banigo is a peace-seeking gentleman and accommodating person, I don’t see him victimizing anyone or any such thing. Let us support him, please.”