*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.”
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.
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.
Credit: Warri Mirror Magazine
