Court to Ikie: Your case against Oborevwori frivolous, reckless, waste of judicial time

Court to Ikie: Your case against Oborevwori frivolous, reckless, waste of judicial time

 

By Sylvester Imonina

The Federal High Court, sitting in Asaba, has described Chief Ikie Aghwarianovwe’s suit against PDP and Chief Sheriff Oborevwori as reckless and avoidable waste of judicial time and resources. The Court in suit No. FHC/ASB/CS/3/2023, presided by Hon. Justice F.A. Olubanjo gave a well considered judgement wherein the Plaintiff’s case was dismissed as lacking any iota of merit.

When the case was called, all parties were absent from Court. Meanwhile, parties were represented by their Counsel. The plaintiff was represented by Dr. Alex Izinyon SAN, Chief Adeniyi Akintola SAN and with them, B.K. Abu, Esq.

Meanwhile, the 1st Defendant; PDP was represented by Ekeme Ohwovoriole SAN, Ayo Asala SAN, A.O. Odum SAN, and with them were; V.O. Eze, Esq., O.S. Onoriose, Esq., F.O. Okoye, Esq., and C.G. Onyenachie, Esq. D.D. Dodo SAN, with him, Samson Eigebe, Esq. appeared for the 2nd Defendant.

After necessary legal representations, the Court firstly made a finding on the Preliminary Objection raised by the 1st Defendant that the action was statute barred and an abuse of court process, and that there was no reasonable cause of action against the Defendants. The Court painstakingly looked at the processes before it and in its judicial wisdom held that the preliminary objection by the 1st Defendant had merit and ruled that the case was statute barred.

After the Court’s findings on the preliminary objection, the Court went on to make its findings on the merit of the case. That is, whether the certificates presented by the 2nd Defendant were valid or not. The Court held that the certificates were valid and that the names as contained in the certificates were also valid. And that since nobody had laid claim to the certificates and the names therein, the only irresistible conclusion was that the said certificates and names belong to the 2nd Defendant, Chief Sheriff Francis Orohwedor Oborevwori.

The Court relied on the unassailable documentary evidence of Delta State University, Abraka and Ambrose Alli University, Ekpoma, particularly the certified true copies of certificates acquired by the 2nd Defendant, amongst other valid legal considerations in arriving at the justice of the case.

After determining the merits of the case, the Court dismissed the suit and expressed its displeasure at the Plaintiff for bringing such an action against the Defendants and stated that the suit was an avoidable waste of judicial time, reckless and an abuse of Court process. The Court held that the suit was bereft of necessary legal backings to the extent that it ought not to have been filed.

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