A Delta State High Court in Asaba has dismissed a lawsuit filed by Prince Oyowoli Emiko challenging the legitimacy of Ogiame Atuwatse III’s ascension to the throne as the Olu of Warri.
Oyowoli, son of the late Olu Ikenwoli, had sought to contest the enthronement of the current monarch. However, in case A/119/2023, the court ruled that the suit was statute-barred, effectively validating the preliminary objection raised by the defendants.
In delivering the judgment, the presiding judge dismissed the case in its entirety, citing key legal points:
The withdrawal of a previous suit (W/104/21) was deemed a strategic maneuver rather than an effort for peaceful resolution, with the court noting it was an attempt to seek another opportunity to challenge the throne.
The claims in the new suit were considered premature, as they should have been raised within the 21-day timeframe stipulated under Section 19 of the Traditional Rulers Council Chieftaincy Laws.
A procedural lapse was noted in the timing of the Executive Council’s letters of recommendation, which were issued after the suit had already been filed.
The case involved a lineup of legal representatives, with O. L. Ovwhoriole representing the claimant, while A. M. Oriakhi led the legal team for the 1st, 4th, 9th, and 24th–27th defendants. Additionally, O. F. Oberuoma appeared for the 3rd defendant, and P. E. Eze represented the 5th–8th defendants.
This ruling brings clarity to the succession dispute, reinforcing the importance of adhering to legal and procedural frameworks in traditional chieftaincy matters.
