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From Joe Obukata Ogbodu, Warri
Obitugbo community in Warri North Local Government Area of Delta State has issued a pre-action notice against some top military and police officials, alongside local government authorities and traditional chiefs over alleged moves to subvert their age-old customs regulating the selection of the community head.
The community, in the pre-action notice signed by their counsel Chief Robinson Ariyo (Eqs.), on 23rd October 2025, alleged “abuses of human rights and breaches of the principles of natural justice” by the said officials and several individuals accused of conspiring to violate their rights.
Signed on behalf of Professor Jim Omatseyem, Luke Ariyoh, Cyril Egbejule, Nelson Eruwa, Austin Gegenu, Richard Golly, Ukuti Foluwa Peter, Mikie Noble Toritseju, and Augustine Igorki as 1, 2, 3, 4, 5, 6, 7, 8, and 9th plaintiffs respectively, they threatened to sue the Armed Forces of the Federation of Nigeria, the Chief of Army Staff, the Nigeria Police Force, and others over allegations of forceful imposition of an unqualified person as “Olare-Aja” of the community despite the ongoing court cases on the matter.
The notice, addressed to 16 proposed defendants, including the Warri North Local Government Chairman and some Itsekiri chiefs stated that “The defendants executed a well-orchestrated plot to foist a state fiat accompli on the courts before which the disputes were pending.”
According to the document, the controversy revolves around the attempt to install Mr Brodrick Utienyin as the new community head, contrary to the Itsekiri customary declaration issued by His Majesty, Ogiame Atuwatse III, CFR, on 7th September 2024.
“The intending first plaintiff is the only suitable person qualified for the position of Olare-Aja,” the notice emphasised.
The plaintiffs alleged that the outgoing chairman of the Obitugbo Community Management Committee (OCMC), Mr Justice Akuyoma, whose tenure expired in October 2025 after eight years, initiated the plan to extend his influence in the community by creating a new headship position for life.
“Having failed, he enlisted the help of several officials, including military and police officers, to persecute the plaintiffs,” the notice stated.
The pre-action notice further accuses the Nigerian Army in Koko and the Divisional Police Officer of Koko Division, of aiding unlawful arrests, harassment, and intimidation of the plaintiffs.
“The defendants unlawfully deprived the plaintiffs of their freedom of movement and association with their kith and kin,” it alleged.
In addition to being banished from their community since April 2024, the plaintiffs claim they were prevented from auditing the community’s financial records and demanding the handover of official documents from Mr Akuyoma.
“The plaintiffs were unlawfully disenfranchised from participating in community activities,” the notice asserted.
The plaintiffs also cited the inaction of police authorities, accusing them of refusing to act on a report of assault allegedly committed by chairman of the Obitugbo Community Management Committee (OCMC).
“Despite grievous injury to one of the plaintiffs, the police failed to investigate or prosecute,” the notice lamented.
Despite court orders maintaining the status quo, the defendants allegedly went ahead to inaugurate illegal community bodies, including the Obitugbo Community Council of Elders (OCOE), Obitugbo Community Management Committee (OCMC), and Obitugbo Community Development Association (OCDA).
“They even publicised the unlawful event on mainstream and social media,” the notice pointed out.
The plaintiffs contend that these actions violate multiple laws, including the Armed Forces Act, Police Service Commission Act, and the Nigeria Police Act, 2020.
