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Appeal, Motion of Stay of Execution makes HRM Eshemitan Remains Ovie of Oghara– Traditional Council
Ogheneruona Tejiri, Oghara
The appeal entered against the ruling of the High Court as well as a motion for stay of execution of the said judgement makes HRM Noble Oyibo Eshemitan, Uku Oghara Na’me, Orefe 111, Ovie of Oghara Kingdom remain in the saddle as the revered monarch of Oghara Kingdom.
This was disclosed by Oghara Traditional Council (OTC) at a press briefing at the Palace of the Ovie of Oghara Kingdom, the Traditional Council disclosed that it had appealed the High Court judgment sacking the monarch and also filled a motion for stay of execution.
It could be recalled that a State High Court in Delta State sacked HRM Noble Eshimetan, Orefe III, as the Ovie of Oghara Kingdom which the Traditional Council did not waste time to appeal.
The court’s ruling stemmed from a case with Suit no HCK/23/2012, brought by Chief Jumi Evughe, Chief Macauley Akpurhi & two others Vs Chief William Ibori, Governor of Delta State, Attorney General of the State, HRM Noble Eshemitan & eight others.
The court determined that the nomination and selection as well as the installation of HRM Eshemitan and his subsequent presentation of staff of office was ” Ultra vires” invalid, unlawful, wrongful, defective, null and void.
Speaking on behalf of Oghara Traditional Council, High Chief Stephen Egbivwie, Unugbrogodo of Ogharefe said that the appeal has been entered after compilation of the record of appeal and the matter is now pending before the Court of Appeal in Asaba with a motion of stay of execution of the said Judgement.
High Chief Egbivwie disclosed that they were also aware that some elements within Oghara kingdom are likely to take undue advantage of the judgement to disturb the peace they have been experiencing in Kingdom.
The Traditional Council then appealed to indigenes of Oghara Kingdom to remain calm and law abiding as they are doing everything within the law to ensure the matter is resolved peacefully.
Accordng to the Traditional Council, “firstly, we wish to appeal to all indigenes of the Kingdom to remain calm and be law abiding as we are known for, and as persons who believe in the Rule of Law, we wish to inform all well-meaning indigenes of the Kingdom that the Oghara Traditional Council is doing everything possible and within the ambit of the law to ensure that justice is done by making sure that our cherished custom and tradition of our people as spelt out in the “Bendel Sate Legal Notice No. 98 of 1979 to wit Declaration of Customary Law Regulating succession to the Traditional Rulers Title of the Ovie of Oghara” with respect to the stool is maintained and preserved.”
The Traditional Council added, “we wish to assure all our people that we shall pursue expeditiously the said appeal which we believe will be heard and/or argued in no distant future.”
The Traditional Council added, “we therefore reiterate and implore all Oghara people to go about their normal business and avoid any unlawful act that will put the kingdom in bad light pending the hearing and determination of the appeal lodged against the said Judgement. We wish to express our appreciation to the friends and good people of Oghara Kingdom for maintaining the peace within the Kingdom as law abiding citizens.”
Chief Egbiwie was surrounded by Uzzi Felix Ekireghwo, Otota/Iyasere of Oghara Kingdom, High Chief Maclean Agori, Unugbrogodo of Oghareki, Chief (Dr.) Frank Emiko, Secretary, Oghara Traditional Council, Chief Vincent Atumah, Unuevworo amongst others.