By Okome Akporobo
The High Court sitting in Otor-Udu Judicial Division has struck out the preliminary objection filed by Engr. Michael Oghenovo Orugbo, the Ovie of Udu Kingdom, challenging the jurisdiction of the court to entertain a suit over his selection brought by members of the Okporua Ruling House.
The suit, marked OUHC/133/2025, is between Chief Hon. Wisdom Ghaghara and another as claimants against Engr. Alex Neyin and five others. The claimants, through an originating summons, challenged the legal validity of the selection of Engr. Michael Oghenovo Orugbo as Ovie of Udu Kingdom.
Among the reliefs sought, the claimants urged the Governor of Delta State not to recognize or approve Orugbo’s selection, contending that the applicable customary law contained in the Chieftaincy Declaration was violated during the process. Engr. Michael Oghenovo Orugbo, who is the 6th defendant in the matter, through his counsel, filed a preliminary objection challenging the jurisdiction of the court to hear the suit.
He argued that the claimants failed to comply with a statutory condition precedent requiring them to exhaust remedies available in the domestic forum within 21 days of his appointment before approaching the court, insisting that the suit was therefore premature. However, the claimants, through their counsel, Dr. Martins Ahweyevu Mukoro Esq., argued otherwise.
This was disclosed in a press statement made available to newsmen in Effurun, Delta State. “By their affidavit evidence, the parties agreed that, at the commencement of the suit, the 6th defendant had not been appointed or approved as Ovie of Udu by the Governor of Delta State just as the claimants argued that requirement of the law did not apply.”
“In a well-considered ruling, the Presiding Judge, Hon. Justice Ukuli (Mrs.) disagreed with the preliminary objector and held that as the 6th defendant, he has neither been approved nor appointed as Ovie, the requirements of the law as to what must be done after such appointment cannot be invoked to stultify the case when such appointment was yet to be made.”
Consequently, the Presiding Judge, Hon. Justice Ukuli (Mrs.), dismissed the preliminary objection, assumed jurisdiction over the matter and adjourned the case to July 26, 2026, for adoption of written addresses in the substantive suit. Oghenejabor Ikimi Esq. appeared for the 1st to 6th defendants, while Kwode Esq., Assistant Director in the Delta State Ministry of Justice, represented the 7th and 8th defendants.