Oghara kingship tussle: Appeal, stay of execution filed at A/Court, Eshemitan remains Oghara traditional ruler

By Kparobo Ehvwubare

Following a Federal High Court ruling against the reigning traditional ruler of Oghara kingdom, Orefe 111, Appeal Court sitting in Asaba, Delta State  has stated that HRM Orefe 111, remain the traditional ruler of Oghara kingdom pending the determination of the Court, following Appeal and stay of execution has been filed at the Court of Appeal, sitting in Asaba, Delta State.

The Oghara apex making decision-making body, Oghara Traditional Council, OTC made this known at a Press conference held in Oghara at the weekend, disclosed that OTC was inundated with enormous inquiry and expression of concern by friends and good people of Oghara kingdom concerning the judgement of the State High Court sitting in Asaba hinted that had since filed an appeal and stay of execution granted at the Appeal Court, sitting in Asaba, Delta State.

The traditional prime minister of Oghara kingdom, High Chief Felix Ekireghwo, the Unugbrogodo of Ogharefe, Chief Stephen Egbivwie, Unugbrogodo of Oghareki, Chief MacLean Agori led other prominent Chiefs to address members of the forth estate of the realm, described the High Court ruling as miscarriage of justice, assuring of getting victory at the appellate court.

The OTC said that HRM Orefe 111 was never in anyway removed as the Reverend traditional ruler of the kingdom, warned mischiefs to forthwith stop peddling falsehood on social media, appealed to peace loving indigenes to remain law abiding not to allow the judgement to disturb them.

The legal battle challenging the legality of the Orefe 111 reign was instituted by Chief Jumi Evughe & four others against Late Chief William Ibori & 11 others at the Delta State High Court sitting in Asaba with suit no: HCK/23/2012, a legal battle that lasted for ten years, threw the kingdom into confused State, a development many pundits seen as a test of faith and loyalty to the reigning monarch.

The Court Ruling:

The Court, presided over by the Chief Judge of the State, Justice Theresa Diai, declared that the nomination and selection as well as the installation of Eshemitan and his subsequent presentation of staff of office was ” Ultra vires” invalid, unlawful, wrongful, defective, null and void and of no effect whatsoever and, therefore, granted an order compelling him to refund all salaries and emoluments received from Delta State Government or any of its agencies as the Ovie of Oghara Kingdom.

In a suit marked HCK 23 / 2012, Chief Jumi Evughe, Chief Maculey Akpurhi, had approached the Court to nullify the selection and installation of Eshemitan as Ovie of Oghara Kingdom, and to declare Akpurhi as the lawful nominated and selected Candidate to fill the vacant stool.

The suit listed Orefe 111, Chief Christopher Erijitomah, Governor of Delta State, Attorney General of the State and nine others as defendants.

But in their amended statement of claims, the Claimants had prayed the court to grant an order declaring the installation and presentation of staff of office to Akpurhi as the rightful Ovie of Oghara Kingdom “having been selected and nominated by Ovie Quarter and Community of Ogharefe sub clan whose turn it is to select, nominate and present the candidate for the vacant stool of Ovie of Oghara Kingdom”.

However, in a statement of defense and counter claim, Erijitomah urged the court to perpetually restrain Eshemitan other from Parading themselves as Ovie of Oghara Kingdom or Ovie Elect of Oghara Kingdom and recognise his Crowning and installation as Ovie of Oghara Kingdom on August 4th 2012 as legal and lawful and in accordance with the native law and customs of the people of Oghara Kingdom.

Delivering a 28-page judgement, Justice Theresa Diai held that neither Eshemitan nor Erijitomah could be declared the rightful Candidate to fill the vacant stool of Ovie of Oghara Kingdom because none of them was duly selected and nominated by the ovade Community whose turn was to produce the Ovie of Oghara Kingdom.

The Court, therefore, set aside the presentation of staff of office and recognition of HRM Noble Eshemitan as Ovie of Oghara Kingdom by the Delta State Government under Dr Emmanuel Uduaghan and ordered that Orefe 111 should refund all salaries and emoluments received from the state government or any of its agencies as Ovie of Oghara Kingdom.