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From Tony Osauzo, Benin
The suit filed by suspended Enigie (Dukes), led by Prof. Gregory Akenzua, Duke of Evbuobanosa and Chief Edomwonyi Ogiegbaen, Duke of Egbaen/Siluko, challenging their suspension from office by the Oba of Benin, Oba Ewuare II, yesterday, suffered a setback.
The case is now to start de novo (afresh) on October 17, with a new judge taking over the hearing due to posting within the state judiciary. Justice Peter Akhihiero presided over the case initially, but it would now be heard by M.N Asemota.
One of the defence counsels, Samson Osagie, who spoke to journalists yesterday, said the posting within the state judiciary led to the transfer of judges from different judicial divisions.
“The case was adjourned to October 17, when it will start afresh because of posting within the Edo State Judiciary, leading to transfer of judges from different judicial divisions. Today, Court 6 that is handling the matter has indicated that as a new judge, the matter will have to start de novo, what that means is that it has to start afresh. This is so because it was not the judge that was handling it before that is now handling the matter, and that is the position of the law.
“Nothing happened today (Monday) in terms of proceedings, except that the matter was mentioned again for the first time, and the court ruled that the matter has to start afresh on October 17,” he added.
At the last hearing on May 9, over 100 priests, priestesses and palace chiefs stormed the High Court, chanting curses against the enemies of the Oba. This forced the state government, through the Commissioner for Communication and Orientation, Chris Nehikhare, to issue a warning to would-be trouble makers not to disrupt yesterday’s proceeding, urging them not to intimidate lawyers and judges in the discharge of their duties. Though mass gathering and disruption did not take place at the court, journalists were barred from covering the case.
