A High Court in Asaba, Delta State will on March 27, 2024, decide whether to entertain the preliminary objection by the defendants in a suit filed by Prince Oyowoli Emiko praying 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 court will rule on whether it should grant extension of time raised by lawyers to two defendants or hear the substantive suit instituted by Prince Oyowoli Emiko against Prince Utienyioritsetsola Emiko, Delta State Governor, Hon Sheriff Francis Orohwedor Oborevwori and 23 others.
The other defendants in the suit before the court presided over by Justice G. Brikinns Okolosi are 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); Attorney General of Delta State and Chief Johnson Atseleghe (the Iyatsere of Warri/member of the Olu Advisory Council).
At the court proceedings, counsels to some of the defendants in the suit had challenged the jurisdiction of court to entertain the matter and sought for 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 defence Counsels seeking the preliminary objection, two weeks to file in the objection.
The stool had since been occupied by His Majesty, Ogiame Atuwatse III.
At the resumed hearing on the matter on Monday, Chief Emmanuel Uti, counsel to one of the defendants, Emami, opposed the application brought by Barrister 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.
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 journalists after the court proceedings, Chief Emami, the erstwhile traditional prime minister of the Warri Kingdom likened his role in the case to that of an electrical umpire like the 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.
