His Worship, Ejiro H. Diejomaoh (Mrs) of the Magistrate Court 2, Warri, Delta State today June 1, 2022 ruled that the Motion to Stay Proceedings in the ongoing trial of the Ologbotsere of Warri Kingdom, Chief Ayirimi Emami filed by the lead counsel to the prosecution by way of fiat, Prof. Abiodun Amuda-Kannike, SAN, has no merit whatsoever in law and as such refused, because it is unmeritorious, even as she thoroughly tongue lashed Robinson Ariyo for his uncouth, disorderly and disrespectful manner, particularly towards a far senior colleague in the open court.
It would be recalled that at the last sitting of the court on April 20, 2022, lead counsel to the Ologbotsere of Warri Kingdom, Chief Victor Otomiewo described the said Motion filed by Prof. Amuda-Kannike, SAN as “incompetent, a trap, premature, frivolous, scandalous, abuse of fiat and court process aimed solely at keeping Chief Ayirimi Emami who is the Ologbotsere of Warri Kingdom from source, perpetually on trial.”
Warri Mirror correspondent who witnessed the capacity-filled court sitting reported that His Worship, Diejomaoh (Mrs) gave her judgement at the resumed hearing in the case of the alleged missing crown of the ancient and pristine Warri Kingdom against Chief Ayirimi Emami and others allegedly at large versus the Commissioner of Police in suit No.: MW/175/C/2021.
Soon after His Worship, Diejomaoh (Mrs) took her seat at exactly 9:03 am in the packed courtroom, and appearances taking from counsels of both sides, with Jolone Ikomi, Esq leading the prosecution (by fiat), she went straight to read her judgement, where she first did a detailed summary of the arguments by the lead counsels on both sides at the previous sitting.
His Worship ruled: “The court is the home of due process. Fair hearing is for both parties. This is a criminal matter. Stay of proceedings cannot be entertained until judgement is delivered. Doing otherwise is against Section 36 of the Constitution and the Administration of Criminal Justice Law of Delta State (ACJL). This application has no merit in law and it is hereby refused because it is unmeritorious.”
Responding, Chief Otomiewo who initially demanded for a cost of three hundred and fifty thousand naira (N350,000) to be slammed on the prosecution for undue delay and waste of time of the defendant, however later opted for a speedy trial instead, even as he demanded for the immediate continuation of the trial.
While accepting the judgement, lead prosecution counsel by fiat for the day’s sitting, Ikomi, Esq, drew the attention of the court to a pending motion filed on March 5, 2022 but Chief Otomiewo objected very strongly to this. “We are here for continuation of trial. That motion has not been fixed for hearing today by His Worship. Let them call their witness, the Police IPO to the witness box for the continuation of trial,” Otomiewo argued.
Responding, Ikomi, Esq explained that the said motion is for the court to admit witnesses on the basis of Statement on Oath, even as he pleaded with His Worship that he would make sure that the prosecution witness (IPO) would be present at the next adjourned date.
While opposing the prosecution’s plea for adjournment, Chief Otomiewo argued that it is the same delay tactics by the State and its private prosecutor, adding that, “This matter has been on since November 2021. However, because the defendant is willing and ready for the continuation of this case, I will concede to the prosecution’s plea for adjournment on the condition that the trial must continue on the next adjourned date.
In a dramatic twist however, Robinson Ariyo who is not counsel to any of the parties before the court, raised his voice to the rooftop against Chief Otomiewo and even His Worship, whom he ordered to address him as a Chief and not Mr.
Responding, His Worship tongue lashed him as follows: ” Mr. Ariyo, I do not know you as a Chief. You can do your Chief in your Olu Palace. Even if you are doing this to impress the Chiefs here in court to show them that you are talking, you should know that you are not a counsel in this matter neither is your name in the fiat granted by the State. So, sit down and respect yourself. This is my court and I am in charge. If your mission here is to disrupt this Court, it will not work. It is so sad and bad that juniors don’t respect their seniors again in this noble profession. Is it because of money?” She went on to tongue lash the manifestly embarrassed Ariyo some more even as she eventually admonished and schooled him on manners and proper conduct in court, after which she adjourned the matter to July 5, 2022 for the continuation of trial and hearing of the pending motion on notice.
Warri Mirror correspondent further reports that some key members of the Ologbotsere Descendants Worldwide including the Spokesperson, Comrade Alex Eyengho and Pa Odia, and a few Chiefs of the Olu of Warri, including Chief Johnson Amaterunleghe (Iyatsere), Chief Gabriel Awala (Uwangue), Chief Brown Mene and Chief Clement Maleghemi, were in court.
