A High Court sitting in Warri, Delta State, has dismissed an appeal filed by one Godspower Tam Oporomo, challenging a ruling of a Magistrate’s Court which ordered him to enter a defence over allegations relating to the unlawful installation of a traditional ruler.
The appeal, brought by Oporomo as appellant, sought to set aside the decision of the Magistrate’s Court presided over by His Worship, E. M. Sowho, in Charge No. MK/MU/16C/2021. At the lower court, the appellant, who is the defendant in the substantive charge, had made a no-case submission at the close of the prosecution’s case. That application was overruled, prompting the appeal to the High Court.
In a judgement delivered by Justice V. O. Agboje, the court dismissed the appeal for lacking merit and affirmed the ruling of the Magistrate’s Court, holding that the prosecution had established a prima facie case sufficient to require the defendant to enter his defence.
Justice Agboje held that from the evidence led by the prosecution witnesses, it could be reasonably deduced that on September 3, 2016, the appellant allegedly presented himself and was installed as the Pere (king) of a purported Kerebiri-Mien kingdom, which the prosecution contends does not exist.
According to the judgement, the appellant further claimed, as part of his purported kingdom, some clans that are already recognised as belonging to the Akugbene-Mien kingdom. The court noted that this was allegedly done without recourse to, or approval from, the Delta State Executive Council, as required by law.
Justice Agboje said the actions complained of were alleged to contravene Sections 20(2)(a) and 20(6)(b) of the Traditional Rulers Council and Chiefs Law of Delta State, as well as Sections 249(d) and 517 of the Criminal Code Law of Delta State.
The judge observed that the combined effect of the prosecution’s evidence disclosed a prima facie case against the appellant. In her view, the facts presented were “strongly sufficient” to justify the Magistrate’s Court’s decision to overrule the no-case submission and call on the defendant to open his defence.
“Accordingly, the appellant’s appeal against the ruling of the lower court delivered on 18th September, 2023, is dismissed and the ruling is hereby affirmed,” Justice Agboje ruled.
The court consequently ordered that the appellant return to the Magistrate’s Court to present his defence to the charge pending against him.
In addition, Justice Agboje awarded costs against the appellant, assessing the cost of the appeal at ₦300,000 in favour of the respondent.
During the proceedings at the Magistrate’s Court, the prosecution called six witnesses, all of whom gave evidence in chief and were cross-examined by counsel to the appellant. The witnesses narrated how, according to the prosecution, Godspower Tam Oporomo allegedly presented himself and was installed as the Pere of the Kerebiri-Mien kingdom without lawful authority or approval from the Delta State Government.
The prosecution maintains that the alleged installation was carried out in defiance of extant laws regulating the creation and recognition of traditional rulers and kingdoms in the state.
With the dismissal of the appeal, the case is expected to continue at the Magistrate’s Court, where the appellant will now be required to respond to the allegations and present his defence.
Discussion about this post