Delta State High Court 2, Asaba Presided over by Justice G. Brikinns Okolosi, on Wednesday March 27, reportedly granted application for extension of time to file the Preliminary Objection, in the case instituted by Prince Oyowoli Emiko, against Prince Utienyioritsetsola Emiko, Delta State Governor and 26 others.
A post sighted by Fresh Angle International today, Wednesday March 27, on two Whatsapp groups, dominated by Itsekiri indigenes, claimed that the Court granted the application for extension of time to file the Preliminary Objection, on the reason that; “1. The suit was filed before the coming into force of the Administration of Civil Justice Law and 2. “The time of technicality, has passed even though the reason (travelled for Christmas holiday) given by the Applicants for the delay is not cogent.”
The post, which was dropped by Counsel to one of the Defendants (name withheld) disclosed that the case was adjourned to May 22, 2024 for hearing of the Notice of Preliminary Objection.
Recall that in the case filed by Prince Oyowoli Emiko, in suit no; A/119/2023, the Court had on Monday February 5, said it would on Wednesday March 27, 2024, rule on whether it will hear the preliminary objection for extension of time, raised by Counsels to two defendants or hear the substantive suit.
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) The 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 in Asaba as defendants, 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.
It was gathered that Counsels to Pa. Akoma Dudun and Chief Ayirimi Emami, Chief Victor Otomiewo and Chief Emmanuel Uti, Esq. respectively as well as Counsel to the Plaintiff, Prince Oyowoli Emiko, allegedly opposed the application, challenging the jurisdiction of court to entertain the matter and seeking for preliminary objection for extension of time.
On the last adjourned date, the court purportedly made an order, setting down the preliminary objection for hearing and subsequently gave defense Counsels seeking the preliminary objection, two weeks to file in the objection.
Chief Emmanuel Uti, Esq, Counsel to Chief Ayirimi Emami, allegedly opposed the application purportedly brought by Barr. Orhiaki and Chief 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 30days upon being served with the statement of claim.
Chief Robinson Ariyo Esq, allegedly argued that the court lacks jurisdiction to entertain the matter, which according to him has been discontinued by the claimant.
According to Chief Emmanuel Uti, Esq, since the preliminary objection wasn’t filed, within the aforesaid time, the court can 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.
Copyright: Fresh Angle International (www.freshangleng.com)
ISSN 2354 - 4104
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