The Obitugbo Community in Warri North local government area of Delta State have warned against contravening the Itsekiri customary declaration signed by Olu of Warri, His Majesty, Ogiame Atuwatse III, on September 7, 2024 and desecrating the community’s customs and traditions.
It may not be unconnected with the leadership crisis in the community over the enthronement of the community’s “Olare-Aja” (head).
While community members have insisted that Prof Jim Omatseye is the right candidate for the position and alleged that confident leaders and security operatives are conspiring against him, others plan to enthrone Mr Brodrick Utienyin as the new Olare-Aja.
Through their solicitors, Chief Robinson Ariyo & Co, the community members have served a pre-action notice on 16 proposed defendants, including top military, police and local government officials.
In the notice, the plaintiffs claim that Mr Brodrick Utienyin’s planned enthronement as the new Olare-Aja contravenes the Itsekiri customary declaration signed by His Majesty, Ogiame Atuwatse III, on 7 September 2024.
According to the plaintiffs, Mr Utienyin is not eligible for the position based on the established customary requirements, which specify that only the eldest surviving unencumbered male descendant of the community’s founder is qualified.
They insist that Prof Jim Omatseye, identified as the first intending plaintiff, is the rightful candidate for the position, alleging that attempts to impose another person as Olare-Aja represent is a “desecration of the customs and traditions of Obitugbo.”
The document also accused Mr Justice Akuyoma, who recently completed two terms as chairman of the Obitugbo Community Management Committee (OCMC), of masterminding the crisis.
According to the plaintiffs, Mr Akuyoma’s tenure expired in October 2025, but he allegedly sought to extend his control by creating a new headship position for life. When that failed, he reportedly recruited the support of military and police officers to suppress opposition.
The plaintiffs allege that these actions included the use of armed officers to bar them from entering the community, intimidation, harassment and even physical assault, just as one of the plaintiffs was said to have been grievously injured during an attack allegedly orchestrated by the group.
They further accused the Delta State Police Command, the Sapele Area Command, and the Koko Division of neglecting to act despite repeated complaints. They maintained that the officers’ inaction amounts to “a dereliction of duty and a violation of the Nigeria Police Act, 2020.”
In their reliefs, the plaintiffs are asking the court to declare the installation process of the purported Olare-Aja illegal and restrain the defendants from further tampering with the matter.
They also want the court to recognise the first plaintiff as the Olare-Aja-apparent and direct the defendants to stop interfering in the community’s internal leadership process.
The pre-action notice maintains that the new structures, OCOE, OCMC, and OCDA, are unlawful creations designed to perpetuate the former leadership’s control in defiance of court orders.
He added that the defendants’ actions were “a flagrant disregard for due process and judicial authority” and that the plaintiffs would not hesitate to seek full redress in court if the matter was not resolved lawfully.
Chief Robinson Ariyo, the plaintiffs’ solicitor, said the people’s resolve to defend their customs remains strong despite intimidation.
“Our clients are determined to resist any attempt to impose a person not qualified under the customary declaration,” he said.
