Delta State High Court has fixed next month, March 27, 2024, to rule on whether it will hear the preliminary objection for extension of time or hear the substantive suit, in the case instituted by Prince Oyowoli Emiko against Prince Utienyioritsetsola Emiko, Delta State Governor, Hon. Sheriff Francis Orohwedor Oborevwori and 23 others.
The Court presided over by Justice G. Brikinns Okolosi took the position at its proceedings on Monday.
TheHintsNews reports that Prince Oyowoli Emiko 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), 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 to the court.
Emiko is 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 stool had since been occupied by His Majesty, Ogiame Atuwatse III.
However, 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.
The court stepped 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 the Counsel to Emami, opposed the application brought by Barrister Orhiaki and 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.
But Ariyo argued that the court lacks jurisdiction to entertain the matter, which according to him has been discontinued by the claimant.
Uti said since the preliminary objection wasn’t filed within the said 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.
Addressing journalists after the proceedings, Emami, likened his role in the case to that of an electoral umpire like the Independent National Electoral Commission (INEC) which according to him, is to supervise the electoral process for the emergence and crowning of Olu of Warri Kingdom.
Asked about the presence of some persons who wore branded T-shirts to the court premises, 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 in the court premises to show solidarity .