In the High Court of Rivers State, Nigeria,In the Port Harcourt Judicial Division, Holden at Port Harcourt,Before Honourable Justice E.N. Ogbuji, JudgeSitting on Friday, December 2, 2011Suit No. DHC/6/2007Between:Apostle G.D. Numbere(For himself and on behalf of Christians in Kalabari Kingdom, operating under the auspicesof Christian Association of Nigeria and/orAssembly of Kalabari Christians) (claimants)andHis Majesty King (Prof.) T.J.T. Princewill(Amachree Xi Amayanabo Of Kalabari);Hon. Taribo Ngiangia(For himself and on behalf of Kalabari Ekine SekiapuSociety and Akaso juju adherents in Buguma);Mr. Robinson Owukiabo(For himself and on behalf of Kalabari Ekine Sekiapu Society and Simingi juju adherents in Tombia)Mr. Leaden Dokubo(For himself and on behalf of Kalabari Ekine SekiapuSociety and Ogu juju adherents in Obonoma);Chief Bourdilleon Ekine(For himself and on behalf of Kalabari Ekine SekiapuSociety, Adum and Fenibeso/Amatemeso adherentsin Kula);Chief Ibani Braide(For himself and on behalf of Kalabari Ekine SekiapuSociety and Aku juju adherents in Bakana) (defendants).JudgmentIN response to the suit, the 2nd defendant counter claimed against the claimant in his statement of defence/counter claim, dated June 26, 2007, as follows:' A declaration that the Kalabari Ekine Sekiapu Society and the othertraditionalists also have rights to their traditional practices including town cleansing rituals, Mgbula masquerade display and other cultural practices when necessary without fetters from the Claimants or anybody;' A declaration that in keeping with the above tradition/custom of the people, the traditionalists or members of the Ekine Sekiapu Society have rights to lay down rules/norms that must be followed by everyone within the jurisdiction whether Christians or not;' A declaration that the Christians must maintain the divide between them and the traditionalists by not interfering with the cultural practices when necessary;' A perpetual injunction restraining the Claimants, their agents, assigns, privies, etc. from interfering with the traditionalists in the course of exercising their cultural practices when necessary.In proof of his case, the claimants called eight witnesses, that 1st defendant called two witnesses while the 2nd and 4th defendants called four witnesses, all the witnesses filed their written depositions on oath. There was no appearance or representation by the 3rd, 5th and 6th defendants. CW.1 is Pastor Alabo Paul Worika, who resides at No. 6 Ohiamini Road, Elekahia, Port Harcourt, he adopted his witness deposition.Under cross-examination, witness said he is from Ogu in Okrika. That Alabo means chief and he is aware of certain ceremonies performed by the Alabos in the community, such as the deity in his community like Fenibeso, which is well-known in Okrika and Ogu. That he is a native of Okrika, working in Tombia as a pastor in Greater Evangelism World Crusade.That Okrika has a church and also has Fenibeso. Witness said there are other churches in Tombia, apart from Greater Evangelism World Crusade, such as Assemblies of God, First Baptist, The Litheran Church, Anglican and the Three Cross Society. That the Anglican was the first to be established there and that he met Lutheran and First Baptist when they came to Tombia. He further testified that Tombia practises 'Simingi' and it has been existing harmoniously with the churches in Tombia. He conducts services there every Sunday and that his church members go about their business.He also said his church was established in 1972 by the claimant and it was after 1972 it was established in Tombia. That other churches have been existing harmoniously in Tokmbia before the establishment of his church. Under cross-examination of CW, 1 by 2nd and 4th defendant, witness testified that in Okrika, they also play masquerade in a given period, but that he is not always around and does not know much about the masquerade. Witness testified that he had his primary and secondary education in Port Harcourt, though he attended secondary school briefly in Okrika before concluding in Port Harcourt. That during the period he was in Okrika his people did not play the Odum masquerade. CW.1 also testified that he does not know whether Okrika people practise their Fenibeso worship harmoniously with the Christians. That in Tombia, they worship Simingi and Fenibeso under the leadership of 3rd defendant. The worshippers tie ritual bars and force Christians to worship with them. That it is true that the Opu Degema people tie their bar across the road and vehicles pass it but that it is different from that of Tombia. That in Tombia, the juju worshippers make laws that will bind their worshippers and Christians.The CW.2 is Mrs. Atamunobaraemi Ikpo, who resides at Igbani Polo in Kula Town and a trader. She adopted her witness deposition on oath. Under cross-examination, witness said she is from Kula town and worships with Assemblies of God Church. That there are other churches in Kula such as the St. Faith Anglican Church, Baptist Church and Deeper Life Church. The Assemblies of God Church was established in Kula in 1996 while Anglican was established in 1950s.CW.2 testified that the traditional practices in Kula are Amasikiri and Amagwa. Amaskiri is worshipped by the Kulas and that it was there before her birth. That the Amaskiri washes the town with goat. That she sells in the market but does not take part in traditional festivities.Under cross-examination of CW.2 by 2nd and 4th defendants, witness testified that the goat the Amasikiri worshippers use in cleansing (washing) is bought by the Amatemeso worshippers but that they force Christians to tie George wrapper, they do not kill human beings now because the Christians have stopped it.CW.2 further testified that when the Amasikiri is being worshipped, Christians are compelled not to move about because, they (Christians) refuse to wear George, the Christians are beaten up. That before she became born again on August 16, 1986, she was not opposed to the worship of Amasikiri. That the said Akasikiri worship is not done in any particular day, rather it is done partly in the morning and night and no notice is given to the inmate of the community.The CW.3 is Chief (Hon.) Philip Brown Agu, who resides at Agu compound, Obonoma. He adopted his written deposition on oath.Under cross-examination, witness said he is from Obonoma and that Obonoma has no traditional festival. That Ogu masquerade is played in Obonoma by some people who believe in it. That Ogu is a god, which some persons serve, but he does not know how it is being served because he is not part of them and does not participate in their activities. Witness further said he does not know the time they play Mgbula masquerade, but that it is done yearly and usually played in the day and night.Under cross-examination by 2nd and 3rd defendants, CW.3 said he is a chief and paramount chief of Agu Polo and also a Christian. That it is not compulsory that any person who sits on the stool must libate, he does not libate, and no one has ever requested him to do so. Witness testified further that his family has never thought of deposing him as a chief because he failed to pour libation. He has no case with his people. That he has a case with Obonoma people because they requested him to come and serve their deity and he refused because it is against his Christian belief. That it was due to this refusal that he was removed as the chairman of council of chiefs.Witness said it is not true that Obonoma had been practising Ogu from time of settlement, that Ogu was a human being who brought the Ebubule masquerade, which is now popularly referred to as Ogu. Though he can't say exactly when Obonoma started practising Ogu. That Christianity came to Obonoma in 1920 and as at this time, the adherents of Ogu were practising it. CW.3 said it is not true that in the past both Christians and non-Christians practise their things harmoniously, that this could be seen in the separation of burial ground of Christians and non-Christians and that one William, who brought Christianity to Obonoma was buried in the Christian burial ground.Still under cross-examination, CW.3 testified that the Abonnema Sekiapu are civilised. That what happens in Obonoma does not happen in Abonnema, though they do tow cleansing but they do not force people into their houses as it is done in Obonnoma. Witness said the purpose of this suit is not to eliminate traditional practices in Kalabari but that Christians should be allowed to do theirs without interfering with Christians.CW.4 is Miss Johnba West from Soku town in Akuku Toru Local Council Area. She adopted her witness deposition.Under cross-examination by 1st defendant, witness said she was assaulted by Ekine Sekiapu in her church in Soku. They escaped but their property were destroyed.Under cross-examination by 2nd and 4th defendants, witness said her evidence is against the Sekiapu of Soku, who are part of this case. Witness testified that she became born again in 1989 and that before then, Ekine Sekiapu Society has been in existence. That there are others in Soku who are not born again, and who have the right to worship whatever they like. But that the Sekiapu force people in the society to be part of them. They make rules and impose them on everyone and that is why they are in court.CW.5 is Pastor Boamte Benson, who resides at Taylor Polo Bakana. She adopted her witness deposition.Under cross-examination by 1st defendant, witness testified that she is a pastor, and was pasturing Greater Faith Ministry Int'l Bakana before joining her husband. That her reason for testifying in this suit was because of the ill-treatment on her by the Sekiapu Society in Bakana.Under cross-examination by 2nd and 4th defendant, CW.5 testified that the late Amadabo of Bakana knew about this present case and that he even called Ekine Sekiapu and the Christians and warned them not to beat up people because of what happened in Abonnema and Buguma.She testified that the Ekine Sekiapu has been in existence before she became born again but the way it is done now is different from how it was done before. That the last time they performed their ritual, they announced that it will be at the town square but she was in her work place when they came and beat her up because she was not putting on George wrapper.Also, that the Sekiapu came with police and arrested her. That before this time, the Sekiapu were not harsh and they did their things while Christians did theirs but since the cult boys joined them, they became harsh. That the rule the Sekiapu made on the day she was beaten up was not that every person should put on George wrapper everywhere but only for the town square and that she was not near the town square when they came and beat her up.CW.6 is Pastor Tonye Princewill, who resides at Abbi polo of Buguma in Asari Toru Local Council Area. He adopted his witness deposition and tendered the following exhibits.' Copy of letter dated May 1, 2005, addressed to the 1st defendant and titled 'threat to the lives of Christians in the land and' as Exhibit 'A';' Outcome Magazine as Exhibit 'B' (pages 12-18) as B1.Under cross-examination witness said he Pastors the El-Shadai Int'l Church, Buguma branch. The 1st defendant is the head and member of the Ekine Sekiapu Society in Kalabari land. And as the head, he is the chief priest of all the deities in Kalabari.Witness testified he has been in Buguma for the past 25 years and the Ekine Sekiapu have been going on for these 25 years. That there has been several complains by the Christians about the activities of these Ekine Sekiapu Society and others, about their attacks on Christians. And that he (CW.6) has been personally beaten up particularly in 2001 and 2005, as a result of these beating, on his head, he developed bad eye sight. Witness further said this beating is mostly done in the night when they put off the light so that one can hardly recognise them.Under cross-examination by 2nd and 4th defendants, CW.6 said it is not true that Ekine Sekiapu Society settle disputes between parties. That one of acts, which Ekine Sekiapu performs is exhibition of 'night Mgbula,' and that until their interference to the Christians, the town cleansing was not noticed by anybody.'To be continued
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