High Court orders N105m compensation for ostracised Asaba chiefs

A Delta State High Court sitting in Asaba has ordered two Asaba chiefs ostracised over the Asagba selection dispute to be paid N105 million in exemplary damages and costs.

Justice Onome Marshal-Umukoro delivered the judgment in favour of Ogbueshi Edwin Monyei and Mr Ifeanyi Isichei, who sued for the enforcement of their fundamental human rights following their suspension by Ogbueshi Uche Nwajei, Head/Onoi of Otu-Ihaza Ahaba, Asaba, and Charles Enemokwu, Secretary of the group.

The applicants from Isieke Village stated that they were suspended for participating in the selection process for the Asagba of Asaba, which became vacant in 2024. They alleged that on April 10, 2025, they were summoned by the respondents and questioned for attending a meeting called by Ogbueshi Olisamedua Uwaechia, the Diokpa of Isieke Village, on April 7.
On April 28, 2025, they were suspended and ostracised from all traditional activities for alleged “gross indiscipline” and membership of a “splinter group” supporting the suspended Diokpa. They claimed they were not involved in any unlawful act and that other indigenes were warned to avoid them, resulting in social isolation and exclusion from cultural events.

They argued that the respondents’ actions violated their rights to freedom of assembly and association under Section 40 of the 1999 Constitution and Article 11 of the African Charter on Human and Peoples’ Rights, as well as their right to a fair hearing under Section 36(1).

The respondents maintained that the suspension was a disciplinary action for associating with the suspended Diokpa, who was involved in a legal dispute over village funds. They stated that the applicants belonged to a “splinter group” that defied native law and custom, and were allowed to be heard before their suspension. They added that the judgment in suit No. DTHC/ASB/FR/7/2025 concerning Uwaechia had been appealed.

After reviewing the submissions, Justice Marshal-Umukoro ruled in favour of the applicants, declaring the respondents’ actions illegal. The court ordered them to issue a written apology, pay N100 million in exemplary damages and N5 million as costs, and refrain from interfering with the applicants’ freedom of association.The court also directed that the Asagba of Asaba be informed of the judgment.

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