A Delta State High Court in Asaba has dismissed Prince Oyowoli Emiko’s legal challenge to the ascension of Ogiame Atuwatse III as the Olu of Warri. Prince Oyowoli, the son of the late Olu Ikenwoli, had contested the legitimacy of Atuwatse III’s succession.
In its ruling on case A/119/2023, the court upheld the defendants’ preliminary objection, ruling that the claim was statute-barred. The court dismissed the suit in its entirety, effectively rejecting Prince Oyowoli’s claims.
Key points in the court’s decision include:
The court found that the withdrawal of a previous suit (W/104/21) was strategic, not aimed at peaceful resolution, but rather to create an opportunity for a new challenge.
The court ruled that the claims in the current suit were premature, noting that any objections should have been raised during the 21-day period stipulated under Section 19 of the Traditional Rulers Council Chieftaincy Laws.
A procedural error was identified regarding the timing of the Executive Council’s letters of recommendation, which were issued after the suit had already been filed.
The case saw significant legal representation from various sides, including O. L. Ovwhoriole for the Claimant, A. M. Oriakhi representing the 1st, 4th, 9th, and 24th-27th Defendants, O. F. Oberuoma for the 3rd Defendant, and P. E. Eze for the 5th-8th Defendants.
This ruling marks a major victory for Ogiame Atuwatse III, reinforcing his position as the Olu of Warri and bringing much-needed clarity to a dispute that had been a point of contention within the traditional institution.
It also serves as a reminder of the importance of adhering to established chieftaincy laws and proper procedural channels when challenging traditional succession matters.
