Court Dismisses Two Applications Over Okehi Council Of Chiefs Suit
A High Court sitting in Port Harcourt and presided over by Justice Ifeanyichukwu Wodi has dismissed two applications filed by E.M.B. Opurum, the Onye Ishi of Etche Land seeking to stop the suit bordering on the Okehi Kingdom of Traditional Rulers Council pending before the court.
The claimant in the suit, His Royal Highness, Eze Christopher Nwakama has dragged the Onye Ishi of Etche, His Eminence, Eze E.M.B Opurum, who is the first respondent in the suit, to the State Hight Court over his continued interferences in the affairs of Okehi Kingdom of traditional rulers and Chiefs’ affairs and prayed the court to grant his reliefs sought in the matter and stop him from interfering and meddling in the affairs of Okehi Kingdom.
However, the Onye Ishi of Etche in his preliminary objection to the suit through his legal representative in the matter, filed two applications and urged the court to dismiss the suit on the grounds that the court lacked the jurisdiction to entertain the matter because the name in which the claimant sued in the suit was not a juristic person as well as an abuse of court process by the claimant.
The respondent hinged his arguments on the premise that the suit was an abuse of court process, having filed a previous suit pending at Okehi High Court, arguing that the same prayers sought in the suit were the same and urged the court to dismiss the suit in its entirety
Responding on point of the law, the claimant counsel, Emmanuel Kalu (Esq) told the court to dismiss the defendants application on the grounds that the reliefs and prayers sought by the claimant in the aforementioned suit were not the same and did not constitute an abuse of court process, adding that the traditional rulers laws of the state permitted the Okehi Kingdom Council of Traditional Rulers and Chiefs and the claimant to sue as a juristic person/
The trial judge, Justice Iheanyichukwu in his ruling dismissed the two applications brought by Onye Ishi of Etche, Eze E.M.B. Opurum challenging the suit, and added that the arguments the defendants canvassed in their preliminary objection was lacking in merits
The trial judge held that the claimant applicant suit was not an abuse of court process and therefore had right to sue the defendants.
On the issue of jurisdiction, the trial judge ruled that the court had jurisdiction to adjudicate on the suit even as he awarded no cost against any party.
The judge later adjourned the matter for continuation on 5th May, 2021 for claimant’s motions on interlocutory injunction and setting aside a purported chieftaincy coronation by E.M.B Opurum, Onye, Ishi of Etche during the pendency of the suit.
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Click for more information. Anyone who has useful information on their whereabouts should report to ICPC Headquarters Abuja, any of the ICPC State Offices or the nearest police station.
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