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Succession Controversy In Warri Kingdom: Court To Rule On Preliminary Objection In Oyowoli vs Delta Gov, 23 Ors Case
The Delta State High Court 2, Asaba, presided over by Justice G. Brikinns Okolosi, is set to deliver ruling on whether to hear the preliminary objection for extension of time or proceed with the substantive suit in the case brought by Prince Oyowoli Emiko against Prince Utienyioritsetsola Emiko, the Delta State Governor, and 23 others.
BIGPEN NIGERIA (https://bigpenngr.com) reports that the development is coming after Counsels representing two defendants and Counsel to the Plaintiff, Prince Oyowoli Emiko, argued the jurisdiction of the court to entertain the case and raised a preliminary objection against an extension of time.
Recalls that Prince Oyowoli Emiko had filed the lawsuit against 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, Chief Johnson Atseleghe (the Iyatsere of Warri/member of the Olu Advisory Council), and 18 others as defendants.
The plaintiff seeks the court’s declaration that he is the rightful heir to the throne of Warri Kingdom following the demise of the former Olu of Warri, Ogiame Ikenwoli.
At the resumed court proceeding on the case on Monday, counsels representing Pa. Akoma Dudun and Chief Ayirimi Emami, as well as the Counsel to the Plaintiff, opposed the application and argued for the jurisdiction of the court and an extension of time for the preliminary objection.
The court had earlier ordered the hearing of the preliminary objection and granted the defense Counsels seeking the preliminary objection two weeks to file the objection.
Chief Emmanuel Uti, the Counsel to Chief Ayirimi Emami, argued against the application brought by Barr. Orhiaki and Chief Robinson Ariyo, citing the Administration of Civil Justice Law of Delta State 2022, which states that a preliminary objection must be filed within 30 days of being served with the statement of claim.
Chief Robinson Ariyo, another Counsel, claimed that the court lacks jurisdiction to hear the matter, which he believes has been discontinued by the claimant.
Chief Emmanuel Uti, however, stated that since the preliminary objection was not filed within the specified time, the court should proceed to hear the case on its merits and decide whether both the preliminary objection and the substantive matter should be heard.
Justice G. Brikinns Okolosi, is expected to deliver ruling on the matter on Wednesday March 27, 2024.
Speaking after the proceeding to newsmen, Chief Ayirimi Emami, likening his role in the case to that of the Independent National Electoral Commission (INEC), explaining that he is responsible for overseeing the emergence and crowning of the king in Warri Kingdom.
On the anti-bullying campaign by some persons wearing branded T-shirts at the court premises, Chief Emami explained that their actions were prompted by the events in Warri Kingdom, maintaining that his commitment to truth and fairness in the succession controversy, may have prompted their solidarity.
At the court proceedings on Monday, Mr. Alex Eyengho, spokesperson for the Ologbotsere Descendants Worldwide, and other supporters of Chief Emami showed their solidarity by being present at the court premises.