Ovieship Of Udu Kingdom Tussle: Court Strikes Out Orugbo’s Motion Challenging Its Jurisdiction To Hear Suit Against Him
By: Okome Akpobaro
The High Court sitting in Otor-Udu Judicial Division has struck out the motion of Engr. Michael Oghenovo Orugbo, the Ovie of Udu Kingdom that challenged the jurisdiction of the court to hear a case of his selection brought against him by some members of the Okporua Ruling House.
In a suit OUHC/133/2025 between Chief Hon. Wisdom Ghaghara & anor vs Engr. Alex Neyin & 5 ors commenced by originating summons in which the legal validity of the selection of Engr. Michael Oghenovo Orugbo was challenged.
In the suit, the claimants among other reliefs, called on the Governor of Delta State not to recognize nor approve his selection as they contended the applicable customary law contained in the Chieftaincy Declaration was violated and breached.
Engr. Michael Oghenovo Orugbo who is the 6th defendant, through his counsel, filed a preliminary objection challenging the jurisdiction of the court to hear and determine the suit as he contended that, the claimants did not comply with a statutory condition precedent which required them to exhaust the remedy provided in the domestic forum within 21 days of his appointment as Ovie of Udu before they could go to court and as this was not done, the suit was premature.
But the claimants argued, through their counsel, Dr. Martins Ahweyevu Mukoro Esq. who made press statement available to newsmen in Effurun, Delta State said that the requirements of exhaustion of the domestic forum only arises after the appointment of an ovie-elect and not before.
“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.”
In conclusion, The Presiding Judge, Hon. Justice Ukuli (Mrs.) therefore dismissed the preliminary objection, assumed jurisdiction and adjourned the case to 26th July, 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.
