*Case Adjourned To August 3, 2021
As the battle to succeed the departed 20th Olu of Warri, His Majesty, Ogiame Ikenwoli shifts to the law courts, the Iyatsere of Warri, Chief Johnson Atserunleghe on Thursday blamed the Ologbotsere of Warri, Chief Ayirimi Emami for not joining Omoba Tsola Emiko and Chief Gabriel Awala (the Uwangue of Warri) in the suit filed by him (the Ologbotsere) in the State High court, Warri, where Chief Dimeyin Dudu Akoma, Prince Emmanuel Okotie-Eboh and himself (Chief Amatserunleghe) are all defendants.
This was contained in a Notice of Preliminary objection filed by the counsel of Chief Amatserunleghe, Chief Robinson Ariyo, seeking for an order to strike out the entire suit instituted by Chief Emami on the grounds that “the Writ of Summons is defective as to the inconsistency and contradictions of the time allowed for the defendants by the rules of this Honourable court to enter an appearance.”
“That the Claimant/Respondent (the Ologbotsere) has not fulfilled the basic and fundamental requirements to evoke the adjudicatory powers of this Honourable Court in that he has failed in his duties to bring critical parties that are necessary for the conferment of jurisdiction on this Honourable court which parties in this suit includes but are not limited to” Omoba Emiko and Chief Awala.
The Notice of Preliminary objection also claimed that the suit by the Ologbotsere of Warri Kingdom is “so much a bundle of contradictions that it amounts to an academic exercise prohibited by the law.”
Responding, the Ologbotsere of Warri Kingdom, Chief Ayirimi Emami in a counter affidavit to Chief Atserunleghe’s preliminary objections, stated that after consulting with his counsel, Chief Albert Akpomudje, SAN, he verily believes that the arguments put forward by Chief Atserunleghe through his counsel, Chief Ariyo, are all “arguements of law which offends the provision of the Evidence Act,” adding that “the alleged defects in the face of a Writ of Summons is an issue of Law which relates to technicalities.”
The Ologbotsere further contended “that the time allowed for appearance written in the Writ of Summons, wherein the number of days is written in words as Thirty and the figure is written as 8, are mere printers devil,” which Chief Atserunleghe’s lawyer, Chief Robinson Ariyo “knows that it is a mere irregularity, which has not prejudiced” Chief Atserunleghe.
Chief Emami also posited in the affidavit that the issue of not making Omoba Emiko and Chief Awala defendants in the suit and “seeking two sets of reliefs are mere outlandish grounds which has nothing to do with the jurisdiction” of the Honourable court.
The Ologbotsere further maintained that his claims are “simply declaratory orders, orders setting aside any action contrary to the custom, tradition of the Itsekiri people and the need for compliance” with the “Chieftaincy declaration,” adding that the application by Chief Johnson Atserunleghe through his counsel, Chief Robinson Ariyo was “filed to waste the time of the court,” stressing that “it is in the interest of justice to strike out the preliminary objection.”
When the matter came up for hearing before Hon Justice Veronica Oka Agboje on Thursday, July 22, 2021, counsel of the Ologbotsere, Chief Akpomudje, SAN told the court that parties are in court for a preliminary hearing for interlocutory injunction and motion for preliminary objection. According to him, the response of the 3rd defendant (Chief Atserunleghe) through his counsel, Chief Ariyo, was only served on him same day of the court sitting.
“The 1st defendant (Chief Dimeyin Dudu Akoma) and 2nd defendant (Prince Emmanuel Okotie-Eboh) did not file any counter so, I believe they are not opposed to to our position. We have filed and served our response to the preliminary objection of the 3rd defendant. We are yet to receive their written address. Our own case will not take more than a day or two. So, let’s go to the main case instead of all these distractive applications which is time wasting,” Akpomudje, SAN told the judge.
Responding, Chief Ariyo agreed with the submission of his most senior learned Silk, Akpomudje “on the issue of discountenenancing all such applications filled by me and go into the substance of the matter” as canvassed by the Senior Advocate of Nigeria, even as he added that he has not technically abandoned his “people but has only deferred it to be determined during the trial, provided all other applications are also deferred.”
On his part, counsel to Prince Emmanuel Okotie-Eboh (2nd defendant), Asifor-Egbe, said he filed memorandum of appearance on July 19, 2021, thus couldn’t file timeously, adding however that he is “still within time to file the statement of defence” of his client,” a position Chief Ariyo concurred with, meaning that both of them have not filed their statements of defence.
Responding, Chief Akpomudje, SAN urged the defendants to file timeously “in the spirit of speedy trial of the substantive suit” as already agreed by all.
Bringing the day’s proceedings to a conclusion, the judge, while not ruling out the possibility of daily hearings in the matter as earlier canvassed by Chief Akpomudje, SAN, said that parties have to factor in the fact that the 1st defendant (Chief Dimeyin Dudu Akoma) has no appearance yet and was not present in court, adding that “accelerated hearing as suggested is to be determined on the 3rd of August which the case is adjourned to.”
In effect, while all preliminary applications are deferred, all pleadings are to be filed and served before the next adjourned date (August 3, 2021).
In a brief chat with journalists after the court sitting, Spokesperson of the Ologbotsere Eyinmisanren Descendants worldwide, Comrade Alex Eyengho said that “the situation in and around the court was calm and very peaceful, unlike what happened previously in the same court when thugs invaded the court and chased everyone away, thus bringing hearing in a suit filed by Prince Oyowoli Ikenwoli-Emiko to an abrupt end that very day and the matter now transferred to Asaba.”
“Let me use this opportunity to thank the security operatives, particularly the Police and DSS for doing a good job in ensuring that the whole environment was calm and very peaceful. The security architecture today did not give room for thugs to come near the court to harass and intimidate law abiding citizens whose only crime was to approach the court instead of taking laws into their hands. God bless our security operatives today and I can only pray that they keep it up,” Comrade Eyengho stated.
Credit: Warri Mirror Magazine
