The Court Cases
Until the 1980s, the occupancy of the Kula throne was never in contention. The matter began when two sons of the Sara house, Chief Kroma Eleki and Chief Iwarisoibiba Igbe, fought over the headship of the Sara stool. Mid-way into the legal battle, Chief Eleki demanded that the throne of the King of Kula be given to him, even while King Fenibo Oko XXVII was sitting.
Chief Iwarisoibiba filed Suit No. DHC/14/82 at the Degema High Court. King Fenibo Oko filed Suit No. DHC/12/83. Chief Kroma Eleki did not counter-claim in the High Court.
Court Judgments
"In the Degema High Court, the learned trial Judge delivered a judgement that states that: 'The first defendant (Chief Kroma Eleki) did not ask for any declaration, so I make no order to that effect'."
"In the Appeal Court, Port Harcourt, on March 30, 2000, the Court stated: 'The learned Counsel for the first respondent (Chief Eleki) had asked this Court to make consequential order declaring the first respondent as the Amayanabo of Kula. This request is totally misconceived as the first respondent did not counter claim for such declaration in the Court below and this Court cannot grant a relief that was not properly sought by due process of law.'"
The Certificate Forgery
Chief Kroma Eleki presented a Certificate of Authority purported to have been issued by the late Amayanabo of Kalabari, King Obaye Abiye-Suku. The certificate was dated December 20, 2002. However, King Abiye-Suku died in 1996. The King could not have issued a certificate from his grave.
Government Interference
Despite the courts refusing to grant Chief Eleki the kingship, the Rivers State Government under Governor Chibuike Amaechi appointed him as a 3rd Class Chief and later 2nd Class Chief. This decision was highly controversial, especially since the Kula Kingship is not listed or recognized by the chieftaincy laws of Rivers State. Many believe this was a ploy to allow him to collect outstanding payments from Shell and Chevron.
Legal luminaries such as Femi Falana (SAN) and John Kalipa wrote to the Governor, warning that recognizing Chief Eleki was a "provocative resort to self-help" and that the Attorney General's opinion cannot override the findings of competent courts of law.