Delta State High Court 2, Asaba Presided over by Justice G.
Brikinns Okolosi, has fixed next month, 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,
Honorable Sheriff Francis Orohwedor Oborevwori and 23 others.
The Court took the position at its proceedings on Monday.
Prince Oyowoli Emiko, in a suit
had 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 through the
court in Asaba as defendants.
He had prayed the court to declare him as 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 court to entertain the matter
and raised preliminary objection for 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 defense Counsels
seeking the preliminary objection, two weeks to file in the objection.
At the resumed hearing on Monday, Chief Emmanuel Uti, who is
Counsel to Chief Ayirimi Emami, opposed the application brought by Barrister
Orhiaki and Chief Robinson Ariyo, on the grounds 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 lacked
jurisdiction to entertain the matter, which according to him had been
discontinued by the claimant.
Chief Emmanuel Uti, however argued that since the preliminary
objection wasn’t filed, within the aforesaid time, the court could 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 electoral umpire like the INEC (Independent National
Electoral Commission) which according to him, was 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.”
Spokesperson of the Ologbotsere Descendants Worldwide, Mr.
Alex Eyengho and other supporters of Chief Emami, were on the court premises to
show solidarity.
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