Court Strikes Out Ologbotsere Title Suit Over Procedural Breach

A legal case brought against His Majesty Ogiame Atuwatse III, CFR and others concerning the contentious Ologbotsere title has been dismissed by the High Court sitting in Warri Delta State.

In the matter with suit number W/111/23, filed by Pa. Higson Oporokun and six others, the court ruled on Monday, May 12 that the claimants failed to exhaust the administrative remedies provided under Section 22(3) and (5) of the Traditional Rulers and Chieftaincy Laws of Delta State.

Although the matter was called, none of the parties were present in court. Representing the claimants was K.E. Egbedi. The 1st and 2nd defendants were represented by Ame M. Oriakhi, alongside Wilsom O. Alatsha and Mrs. D.O. Ejdemudiarho. E.U. Ayemobuwa (Mrs), together with B.M. Alabi (Mrs), appeared for those seeking to be joined as the 4th to 6th defendants.

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Delivering its ruling, the court noted that the claimants had not demonstrated any attempt to pursue the administrative processes mandated by law before initiating the suit. It held that while Section 22 does not strip the court of its jurisdiction, it requires aggrieved parties to first approach the designated committee and only seek judicial intervention if such efforts fail.

Furthermore, the court observed that the 1st and 2nd defendants abandoned their argument challenging the claimants’ locus standi to institute the action.

Ultimately, the case struck out by Honourable (Mrs) Justice V. O. Agboje was based on the failure to comply with administrative procedures, also dismissing the motion for joinder filed by the parties seeking to be added to the suit.