Adibe Emenyonu
The Edo State High Court presided over by Justice Daniel Okungbowa has adjourned the chieftaincy disputes among the Ikelebe dynasty of Auchi on the rotation of Otaru traditional stool among the ruling houses.
With the closure of the defendants’ case in the Auchi, Etsako West local government Area Chieftaincy dispute, Justice Okungbowa adjourned the case to June 27, for the adoption of final address by the counsels.
The suit No: B/329/2018 is between the claimants Mamudu Ikharo, Yahaya Ikharo against the Attorney General, Edo State, Permanent Secretary, Ministry of Local Government Affairs, His Royal Highness, Alhaji Haliru Momoh, Ikelebe III, Otaru of Auchi.
The claimants are seeking a declaration that the selection, presentation and appointment and/or production of Otaru of Auchi is rotational; that each sub-ruling house of Ikelebe dynasty must take its turn in accordance with the custom and tradition of Auchi as enshrined in Section 3(2) and 14 (1) (c) of the Traditional Rulers and Chiefs Law 1979.
The plaintiffs are also seeking a declaration that the Odjiugo Commission of Inquiry into the Otaru of Auchi Chieftaincy title as regards the number and identity of the Ruling Houses and the order of rotation represents the true traditional, correct and customary position of Ikelebe title under Auchi Native Law and Customs.
When the case came up last Monday, one of the defendants’ witnesses, Mallam Sule Yusuf was absent just as the defendant counsel, Mr. Daud Momodu didn’t call any witness, but rather chose to close his case and adjourned for final address.
The development prompted the judge to adjourn the case to June 27 considering the fact that the same witness refused to show up during the last sitting on March 30.
For the late submission of an application for amendment/substitution of dead parties, the trial judge had on March 30, fined one of the defendants’ counsels because of the delay and inconvenience caused by the application.
Despite the vehement opposition of counsel to Ikharo Family, Mr. Dan Ose Okoh, Justice Okungbowa had admitted in evidence the Bendel State Legal Notice No. 133 Legislation of 1979 as exhibit 10 which was tendered by Momodu.
Contending that as an extra legislation, it is of no moment in law as it is the prerogative of the legislature to make laws, Okoh had argued in vain for the rejection of the document which is at the heart of the defence of Momoh Ruling House.
