By ENITAN ABEL JOHNGOLD ORHERUATA
The Delta State High Court sitting in Asaba has dismissed a suit challenging the selection and installation of Professor Epiphany Azinge, OON, SAN, FNIALS, as the 14th Asagba of Asaba.
The court, presided over by Justice P.N. Obanor, on Tuesday, October 27, 2026, upheld a Preliminary Objection filed by the 3rd Defendant, Asagba Prof. Epiphany Azinge, challenging the competence of the suit, marked DTHC/ASB/CV/213/2024.
The action was instituted by Obi Ikechukwu Nwajei, Ogbueshi Iweanya Nwajei and Ogbueshi Amechi Akpoku, who had challenged the process through which Prof. Azinge was selected and installed as the 14th Asagba of Asaba.
In its ruling, the court held that the claimants failed to comply with a mandatory condition precedent prescribed by the Chieftaincy Laws of Delta State before instituting an action challenging the selection and installation of a traditional ruler.
The court consequently held that the suit was incompetent and that it lacked jurisdiction to entertain the matter.
The Preliminary Objection was argued on behalf of Prof. Azinge by his lead counsel, Chike George Onyemenam, SAN, while the claimants were represented by their lead counsel, Chief Emeka Ofodile, SAN.
Second suit also struck out
In a related ruling, the court also struck out another suit filed by the same claimants against Engr. Louis Edozien, the Ochendo of the 13th Asagba of Asaba, who presided over the selection process that produced the 14th Asagba.
The court, after hearing submissions from Chief Emeka Ofodile, SAN, for the claimants, and Chief Arthur Obi-Okafor, SAN, for Engr. Edozien, struck out the action on the ground that the claimants had failed to comply with the required condition precedent before commencing the proceedings.
The twin rulings effectively bring the two suits before the High Court to an end, with the court declining to entertain the substantive challenges on jurisdictional and procedural grounds.
The decisions mark a significant development in the prolonged legal contest surrounding the emergence of Prof. Azinge as the 14th Asagba of Asaba.
The ruling is also expected to provide further legal clarity on the statutory procedure for challenging the selection and installation of traditional rulers in Delta State.
For supporters of the Asaba traditional institution, the development represents a major legal victory for the Asagba and his supporters.
Prof. Azinge, a Senior Advocate of Nigeria and former Director-General of the Nigerian Institute of Advanced Legal Studies, was selected and installed as the 14th Asagba of Asaba.
Reacting to the ruling, supporters of the monarch hailed the decision and described it as a vindication of the traditional institution.
“Nna Agu! Nna Agu!! Nna Agu!!!”
