By Charles Pemu 
ASABA, DELTA—A High Court sitting in Asaba, Delta State, has awarded a total of N105 million in damages and costs against the leadership of the Otu-Ihaza Ahaba age grade society for violating the fundamental human rights of two indigenes by suspending and ostracizing them from all traditional activities.
The judgement, delivered on Tuesday, September 30, 2025, by Justice Onome Marshal-Umukoro, ordered Ogbueshi Uche Nwajei (Head/Onoi of Otu-Ihaza Ahaba) and Charles Enemokwu (Secretary) to jointly and severally pay N100 million as exemplary damages and N5 million as cost of action to the applicants, Ogbueshi Edwin Monyei and Mr. Ifeanyi Isichei.
The applicants, who hail from Isieke Village, Asaba, had filed the suit seeking the enforcement of their fundamental human rights, alleging violations of their rights to freedom of association and fair hearing.
Their ordeal stemmed from their association with the Head/Diokpa of Isieke Village, Ogbueshi Olisamedua Uwaechia, who had previously initiated a court case challenging the selection process for the Asagba of Asaba in 2024.
Following his legal challenge, Uwaechia was suspended and ostracized by the respondents, a decision later declared unconstitutional by another High Court on March 28, 2025, which also awarded N5 million in damages against the Otu-Ihaza Ahaba leadership.
Monyei and Isichei were subsequently suspended and ostracized on April 28, 2025, for “gross indiscipline” after attending a meeting called by the previously ostracized Diokpa. They argued that the action, which led to their social isolation and exclusion from traditional activities, violated their constitutional rights to freedom of assembly and association.
Court Ruling: ‘Serious Infringement’
In their defense, the respondents argued that the applicants were part of a “splinter group” running a parallel government and refusing to abide by native law and custom. They also maintained that the applicants were granted a fair hearing and that the right to associate includes the right not to associate.
However, Justice Marshal-Umukoro rejected the defense, ruling that the decision to ostracize and suspend Monyei and Isichei constituted a “serious infringement” of their fundamental human rights, rendering the action “illegal, null, and void.”
Reliefs Granted
In addition to the N105 million penalty, the Court granted the following reliefs:
- The respondents must jointly and severally tender a written apology to the applicants for the breach of their rights.
- An injunction was granted, permanently restraining the respondents from further interfering with the applicants’ right to freedom of association.
The Judge also ordered that the judgment be served on the present Asagba of Asaba, the traditional ruler, noting his status as a Professor of Law and a Senior Advocate of Nigeria (SAN), as the “embodiment and custodian of the native law and customs of Asaba.”