A Warri High Court has dismissed an Appeal brought before it by one Godspower Tam Oporomo (Appellant) seeking to invalidate the ruling of the Magistrate’s Court, presided over by His Worship, E. M. Sowho, in Charge No. MK/MU/16C/2021.
The Appellant, as Defendant, had at the close of the Prosecution’s case at the Lower Court, elected to make a no case submission, which was overruled, hence the Appeal.
In her judgment, Justice V. O. Agboje dismissed the Appeal for lack of merit and upheld the ruling of the Lower Court.
Justice Agboje said from the evidence of the Prosecution Witnesses it could be deduced that on September 3, 2016, the Appellant, without lawful authority, presented himself and was installed as the Pere (King) of a non-existing Kerebiri-Mien kingdom.
The Appellant, according to her, also claimed as part of his kingdom some already existing clans under Akugbene-Mien kingdom, without recourse to the Delta State Executive Council, thereby allegedly contravening 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 High Court Judge noted that the aforementioned facts were prima facie case which, in her opinion, and strongly too, were sufficient to warrant the Lower Court to call on the Appellant to enter his defence.
“Accordingly, the Appellant’s Appeal against the ruling of the Lower Court delivered on 18th September, 2023, is dismissed and the ruling affirmed.”
The Court therefore ordered the Appellant to present his defence to the Charge against him at the Lower Court.
“Cost of the Appeal is assessed at ₦300,000 (three hundred thousand naira only) against the Appellant in favour of the Respondent”, Justice Agboje ruled.
Prosecution had called six witnesses who gave evidence in chief and were cross-examined by counsel to the appellant.
They explained how the appellant, Godspower Tam Oporomo, unlawfully presented himself and was installed as the Pere (king) of Keribiri Mien kingdom, a non-existent kingdom without authorisation from the Delta State Government on September 3, 20216.
