A Delta State High Court in Warri has dismissed a suit (No: W/112023) challenging the appointment of Chief Oma Eyewuoma as the Ologbotsere of Warri Kingdom.
In the ruling delivered yesterday, Justice V.O. Agboje stated that the case was not properly brought before the court, leading to its dismissal.
Chief Eyewuoma was appointed as the Ologbotsere of the kingdom in 2023, following the decision of the Olu of Warri to strip Chief Ayiri Emami of the title.
Dissatisfied with the development, some members of the Ologbotsere descendants, alongside Ayiri Emami, filed a suit seeking the court to declare the appointment of Chief Oma Eyewuoma as null and void.
Their Claims Included: A Declaration that the appointment of Chief Oma Eyewuoma as Ologbotsere of Warri Kingdom is unlawful, null, and void for being inconsistent with the custom and tradition of the Itsekiri people and the provisions of the Traditional Rulers and Chief Edict of Bendel State 1979.
An Order to set aside the appointment made in April 2023 for violating Itsekiri customs and the Traditional Rulers and Chief Edict of Bendel State.
A Perpetual Injunction restraining Chief Eyewuoma from parading himself as the Ologbotsere of Warri Kingdom.
Counsel’s Response: Speaking to newsmen following the court’s decision, Counsel to Chief Oma Eyewuoma, Mr. Amiandamen Oriakhi, stated that the ruling confirmed there was no longer any case challenging Chief Eyewuoma’s appointment.
“Some members of the Ologbotsere descendants and Chief Ayiri brought this suit to court challenging the appointment of Chief Oma Eyewuoma as Ologbotsere to replace Ayiri. Their contention was that during Ayiri’s lifetime, nobody could be appointed to replace him as Ologbotsere,” Oriakhi explained.
He further noted that they filed a defense, arguing that all chieftaincy titles belong to the monarch and that the monarch has the authority to appoint anyone.
“We also raised a preliminary objection, arguing that the case was not properly brought to court. By law, in a chieftaincy matter, the aggrieved party must first write a petition to the government to complain that the appointment was not in order. Only after this step can the matter be taken to court,” he added.
Oriakhi emphasized that the plaintiffs had not exhausted the statutory domestic remedy before approaching the court, which made their case invalid.
“Today, the court ruled that Ayiri’s case was not properly brought to court and therefore dismissed it. So, there is no suit in court challenging Eyewuoma as Ologbotsere,” he concluded.
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