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From Ighomuaye Lucky, Benin
With the closure of the defendant’s case in the Otaru of Auchi chieftaincy dispute, Justice Daniel Okungbowa of the Edo State High Court has adjourned the case to June 27 for the adoption of final address by the counsels.
When the case came up Monday, one of the defendants’ witnesses, Mallam Sule Yusuf was absent just as the defendant’s counsel, Mr Daud Momodu, did not call any witnesses but rather chose to close his case and adjourned for the 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 opposition of counsel to the Ikharo Family, Mr Dan Ose Okoh, SAN, Justice Okungbowa admitted in evidence the Bendel State Legal Notice No. 133 Legislation of 1979 as exhibit 10 which was tendered by Momodu.
Contending that as extra legislation which 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.
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, His Royal Majesty, Alhaji HA Momoh, the Otaru of Auchi, they are 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.
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.
