Court Sacks Oghara Monarch, Eshemitan

Court Sacks Oghara Monarch, Eshemitan

The Delta State High Court sitting in Asaba has sacked the traditional ruler Oghara Kingdom, in Ethiope West Local Government Area of the state, Chief Noble Eshemitan.

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 HCH 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.

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The suit listed Eshemitan, Chief Christopher Erijitomah, Governor of Delta State, Attorney General of the State and five 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 it is to produce the Ovie of Oghara Kingdom.

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