A Delta State High Court has dismissed Prince Oyowoli’s case against the Olu of Warri, affirming Ogiame Atuwatse III’s rightful succession
A Delta State High Court in Asaba has dismissed the legal challenge filed by Prince Oyowoli Emiko against the succession of Ogiame Atuwatse III as the Olu of Warri.
The ruling, delivered in case A/119/2023, effectively upheld the preliminary objection raised by the defendants, declaring the suit statute-barred and dismissing it entirely.
Prince Oyowoli, son of the late Olu Ikenwoli, had contested the legitimacy of Ogiame Atuwatse III’s ascension. However, the court found that his claim lacked merit, noting procedural errors and a failure to adhere to the timeframe stipulated under Section 19 of the Traditional Rulers Council Chieftaincy Laws.
The judge pointed out that the withdrawal of the previous suit (W/104/21) was a tactical move rather than a genuine effort toward peaceful resolution, suggesting it was merely an attempt to secure another opportunity for litigation.
One of the key legal issues raised was the timing of the Executive Council’s letters of recommendation, which were issued after the suit had already been filed. The court deemed the claimant’s relief requests premature, reinforcing the necessity for adherence to the 21-day appeal window provided for chieftaincy disputes. This decision further underscores the importance of proper procedural compliance in matters of traditional succession.
The case saw notable legal representation, with O. L. Ovwhoriole appearing for the claimant and A. M. Oriakhi leading a team for the 1st, 4th, 9th, and 24th-27th defendants. Other legal representatives included O. F. Oberuoma for the 3rd defendant and P. E. Eze for the 5th-8th defendants.
This ruling is a major legal victory for Ogiame Atuwatse III, cementing his position as the Olu of Warri and bringing clarity to the long-standing succession dispute.
It also serves as a legal precedent for handling similar challenges in Nigeria’s traditional institutions, reaffirming the significance of timely and procedurally sound legal action in chieftaincy matters.
