Chief Emami vs Chief Dimeyin, Others: Failure of defence counsel to file processes within time, stalls Pretrial

Failure of the 2nd Defence Counsel to file processes within time, in the case between Chief Ayirimi Emami vs Chief Akoma Dudu Dimeyin & ors, stalled the pre-trial fixed for Monday January 19, in Delta State High Court 4, sitting in Warri.

The presiding judge, Justice Veronica Agboje, subsequently adjourned the matter to March 16, 2026 and fined the defaulting counsel N20,000.

The writ of summons with suit number W/128/2021, dated July 8, 2021, has Chief Emami as the claimant, while Chief Akoma Dudu Dimeyin (Olori-Ebi of Ginuwa Ruling House), Prince Emmanuel Okotie-Eboh (Olori-Ebi of Ginuwa l Ruling House) and Chief Johnson Amatserunleghe (Iyatsere of Warri) as defendants (extracted from Punch Newspaper Online).

Counsel to Chief Ayirimi Emami, Chief Emmanuel Uti Esq. told newsmen after the court proceeding: "Pretrial, was fixed for today, but the 2nd defendant Counsel filed out of time. He served us processes and other processes in Court just this morning. 

"We have a right to look at what he had filed, because it affected the Pretrial process.”

Chief Uti, asserted: "Our claim is that the family/Ruling House, have no power to suspend the claimant. And also, the Co-Chiefs cannot suspend a Co-Chief.

“The Committee does not have the power to suspend, while the Ginuwa Ruling House, does not also have the power to suspend a Chief. In fact, we have where one of the Defendants, which we are going to rely on, where he clearly stated that Princes, don't have anything to talk in Relation to a chief. And that person is Prince Mene Brown. We have it on video and we are going to rely on it. The princes cannot suspend a Chief and also that chiefs cannot suspend a Co-Chief."

Counsel to the 7th to 10th defendants, Ame Oriakhi Esq, opposed Emami’s claims, arguing that the issue had been overtaken by events. 

“The suspension is gone. He was recalled and even offered another title, which he rejected. The kingdom has moved on,” Oriakhi said.

Speaking to newsmen after the court session, Chief Emami, vowed that he would not be deterred by what he described as deliberate attempts to frustrate the case. 

Chief Emami, declared: “This case has been lingering for four years, because of delays. They think I will give up. I will never give up. Justice may be delayed, but it will not be denied.

“Once you tamper with the Ologbotsere institution, you tamper with Warri Kingdom itself.

"We will equally be in court. It's a very clear case. I know that no Itsekiri family or committee, has the power under native law and custom to suspend a chief, especially the Ologbotsere.

"You cannot say you suspend the Ologbotsere, who is supposed to drive the process. The case is a very straightforward case, that's why you see them jumping, thinking I will give up, because without that, it means there's no Itsekiri anymore.”

Spokesman of Ologbotsere family descendants worldwide, Mr. Alex Eyengho, who also address newsmen at the court premises, stated: “It has been the style of the defendants to delay the processes, which they have delayed for four years now.

“Filing one application to another, that has been the trajectory and they played that out today by serving our Ologbotsere’s lawyers a process this morning by 9:00am. The Judge, was not happy and so were the other parties involved. They have successfully stalled the pre-trial case that was scheduled to commence today.”

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