UMUAHIA, Abia State — An Abia State High Court sitting in Umuahia has ruled that traditional rulers have no constitutional power to excommunicate any person, holding that such actions are inconsistent with the Constitution of the Federal Republic of Nigeria.
Justice K. C. J Okereke delivered the judgment on Tuesday, July 28, 2026, in SUIT NO: HU/251M/2025 filed by Dr. Agbai Eke Agbai, Executive Vice President of the Center for Policy and Foreign Engagement, a member of the Board of Trustees of the Olusegun Obasanjo Presidential Library, and a former Commissioner for Information in Abia State.
The court held that the Enachioken of Abiriba and the Abiriba Council of Traditional Rulers lacked the legal authority to pronounce the excommunication of Dr. Agbai or any other citizen, stating that such a sanction would be inconsistent with the provisions of the Nigerian Constitution.
Justice Okereke, however, clarified that the decision does not deprive traditional rulers of the authority to discipline erring members of their communities. The court held that such disciplinary measures must be exercised within the limits of the law and must not violate the constitutional rights guaranteed to every Nigerian.
In a judgment that lasted nearly three hours, the court extensively examined constitutional provisions relating to fundamental rights and the supremacy of the Constitution before reaching its decision.
The judge further held that Dr. Agbai’s fundamental rights had not been violated, noting that despite the traditional rulers’ pronouncement, he continued to enjoy his constitutional rights, including freedom of association, freedom of expression and freedom of assembly.
Consequently, the court dismissed Dr. Agbai’s claim for ₦1 billion in damages for the alleged violation of his fundamental rights.
The judgment reinforces previous judicial decisions that customary institutions cannot exercise powers that conflict with the Constitution, particularly where such actions may infringe on citizens’ fundamental rights or threaten public peace
When contacted for his reaction, Dr. Agbai said he was not in court when the judgment was delivered and had not yet obtained the Certified True Copy (CTC) of the judgment. He said he would wait to study the judgment before making an informed comment.
However, he expressed satisfaction that the court held it was illegal for traditional rulers to excommunicate their subjects, describing the ruling as the primary objective of his suit.
Dr. Agbai maintained that the dismissal of his 1b Naira libel claim was of little consequence, insisting that it was irrelevant in light of the court’s pronouncement on the issue of excommunication.
All telephonic attempts to reach either the first defendant, the Enachioeken or their lawyer failed.