Court strikes out restraining order application against Rivers traditional Ruler

Tina Amanda

A Customary Court in Isiokpo, in Ikwerre Local Government Area of State has refused to grant the application for an interlocutory injunction restraining Eze Daniel Dodo-Ogbonna from parading himself as the Nye-Ali Alakahia.

Chief Robinson Agbaraka and six others from Alakahia community had prayed the court to restrain the Paramount ruler of Alakahia in Obio-Akpor Local Government Area, Eze Daniel Dodo-Ogbonna from parading himself as the Paramount ruler of the community.

They, however, prayed the court to order that a caretaker committee be set up to manage the affairs of the Alakahia community pending the determination of the substantive matter.

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In his ruling, Chairman of the court, Justice A U Enyindah struck out the application for lacking in merit, stressing that the court has no power to restrain a process that has been completed.

The court adjourned the case to 2nd of March for hearing of the substantive matter filed by the Paramount ruler of Alakahia, Eze Dodo-Ogbonna seeking the court to stop the aggrieved members from removing him as the Nye-Ali Alakahia.

Speaking to our correspondent Tina Amanda, John Ndah Counsel to the Plaintiff, said the decision of the court is in accordance with the law.

“The moment any act is concluded, an interlocutory injunction cannot lie against it and besides this matter started from the Choba Customary court.

“They have gone on appeal and abandoned it, came back here and with jankara order which is not a better placement of law. I want to graciously say the court knew what they are doing because the law has been put to a glimmering light”

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On his part, counsel to the 2nd Defendants, Godwin Agbaraoshimini expressed his displeasure on the ruling, stressing that he will appeal the ruling.

“The Chairman in his wisdom has given his ruling but as a Counsel, I am not comfortable with the ruling and we will test it in Customary court appeal.

“Looking at the law, we are optimistic that this ruling today will be reversed. We want the claimant to stop parading himself as the Nye-Ali of Alakahia”