Oyowoli vs Delta Governor: Court to rule on preliminary objection next month

The Justice G. Brikinns Okolosi-led High Court 2, in Asaba, has fixed March 27, 2024, to rule on whether it will hear the preliminary objection for extension of time, raised by Counsels to two defendants or hear the substantive suit, in the case instituted by Prince Oyowoli Emiko against Prince Utienyioritsetsola Emiko, Delta State Governor, Sheriff Francis Orohwedor Oborevwori and 23 others.

The Court took the position at its proceedings on Monday.

Prince Oyowoli Emiko, in a suit, dragged Prince Utienyioritsetsola Emiko, Pa Akoma Dudun (The Olare-Ebi of Ginuwa 1 Ruling House, Warri Kingdom) Chief Ayirimi Emami (the Ologbotsere of Warri Kingdom/member of the Olu Advisory Council) Prince Emmanuel Okotie-Eboh (The Olori-Ebi of Ginuwa 1 Ruling House, Warri Kingdom) The Governor of Delta State, The Attorney General of Delta State and Chief Johnson Atseleghe (the Iyatsere of Warri/member of the Olu Advisory Council) and 18 others to court in Asaba as defendants, praying the court to declare him the rightful heir to the throne of Warri Kingdom, following the transition of the then Olu of Warri, Ogiame Ikenwoli.

The stool had since been occupied by His Majesty, Ogiame Atuwatse III.

At the Court proceedings, Counsels to some of the defendants in the suit had challenged the jurisdiction of the court to entertain the matter and sought for preliminary objection for an extension of time.

Checks revealed that at the last adjourned date, the court made an order, setting down the preliminary objection for hearing and subsequently gave defence Counsels seeking the preliminary objection, two weeks to file their objection.

At the resumed hearing on Monday, Chief Emmanuel Uti, who is Counsel to Chief Ayirimi Emami, opposed the application brought by Orhiaki and Chief Robinson Ariyo, on the ground that a new law that is called Administration of Civil Justice Law of Delta State 2022, provides that if a preliminary objection is to be filed, it should be done within 30 days upon being served with the statement of claim.

Chief Robinson Ariyo argued that the court lacks jurisdiction to entertain the matter, which according to him has been discontinued by the claimant.

Chief Emmanuel Uti, however, argued that since the preliminary objection wasn’t filed, within the aforesaid time, the court can as well hear the matter on merit and decide at the end of the day, that both the preliminary objection and the substantive matter should be heard on merit.

Speaking to newsmen shortly after the court proceedings, Chief Emami, the erstwhile Prime Minister of the Warri Kingdom likened his role in the case to that of an electrical umpire like INEC (Independent National Electoral Commission) which according to him, is to supervise the electoral process for the emergence and crowning of Olu of Warri Kingdom.

When asked about the presence of some persons who wore branded T-shirts to the court premises, Chief Emami, explained that “their action was occasioned by happenings in Warri kingdom, especially because I stand for truth and fairness as it relates to the succession controversy in Warri Kingdom.”

The spokesperson of the Ologbotsere Descendants Worldwide, Mr Alex Eyengho and other supporters of Chief Emami were also in the court premises to show solidarity