From Ighomuaye Lucky, Benin
Justice Daniel Okungbowa of Edo State High Court, Benin has reserved ruling for November 28 in a motion seeking for amendments of parts of the processes by Counsel to Edo State Government, Mrs. BA Adeleye, in the Otaru of Auchi Chieftaincy tussle, which she had earlier filed.
Mrs. Adeleye had told the court Thursday November, 9 of her intention to amend some paragraphs in her pleadings which she noted was inadvertently admitted during hearing.
The state counsel who was supported by Mr. Salman Dako and Mr. Daud Momodu, counsels to the defendants, argued that the fresh motion was necessary considering the sudden realization that the watershed Ojiugo Report on the Auchi Chieftaincy dispute which the plaintiffs relied on was statute barred as it is over 50 years.
Again, she contended that the court lacked jurisdiction over the case which among others is seeking a declaration that the selection, presentation and appointment and/or production of Otaru of Auchi is rotational, and each sub-ruling house of Ikelebe Ruling House must take it 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.
Counsel to Ikharo Ruling House, Mr. Dan Okoh (SAN) however objected, insisting that the motion was belated and amounted to time wasting as it runs contrary to the Evidence Act.
Okoh said that the motion should be struck out and not allowed as it came very late at time when the court was gearing up for a final adoption of address by the different counsels.
In suit No: B/329/2018 between the claimants Mamudu Ikharo, Yahaya Ikharo against the Attorney General, Edo State, Permanent Secretary, Ministry of Local Government Affairs, the Otaru of Auchi, His Royal Majesty, Alhaji Haliru Momoh, 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 House and the order of rotation represents the true traditional, correct and customary position of Ikelebe title under Auchi Native Law and Customs.