OKADA – An Area Customary Court Sitting in Okada, the Administrative Headquarters of Ovia North East Local Government Area of Edo State, has restrained the 1st Defendant in a suit No ONEACC/M1/13/2012, Pa. James Igbinadolor Iyangbe from parading himself as the Odionwere of Obagie Village, Ekehuan Road pending the hearing of the motion for interlocutory injunction in the court.
In her ruling dated 3rd May, 2012, the presiding Judge, and President Grade II, Hon. I.P. Afolayan (Mrs.) leading Hon. S. O. Ebomwonyi 1st Member and E.O. Osa 2nd Member had averred that after careful perusal of motions on notices, supporting affidavits, further and better affidavit of urgency including exhibits attached, there was need for the court to exercise its discretionary power to grant the application, as well as the balance of convenience in favour of the applicant.
“We have listened to the arguments of Counsels and read through the motion papers supporting affidavits, further and better affidavits and affidavit of urgency as well as Exhibits attached. In exercising our discretionary powers, we are minded to grant this application, as the balance of convenience enurs in favour of the applicants.
“We hereby make the following Orders, that the 1st Defendant is hereby restrained from further parading himself as the Odionwere of Obagie Village, Ekehuan Road in Ovia North East Local Government Area of Edo State, and or performing any act in carrying out any duties and functions of the Odionwere of Obagie Village pending the hearing of the motion for interlocutory injunction now pending in this Honourable Court.
“The 1st Defendant by himself , his servants, agents, cohorts and or privies or anybody whatsoever and whosoever from Obagie Village are hereby restrained from presenting the 1st Defendant to the 2nd and 3rd Defendants, Felix Imade (now deceased) and Stephen Oyemwense or to any other person for installation as Odionwere of Obagie and from installing the 1st Defendant (James Igbinadolor Iyangbe) as Odionware of Obagie Village pending the hearing and determination of the motion for interlocutory.
“The 1st to the 4th Defendants are to be served all processes by pasting such processes at the door of the Oguedion hall at Obagie Village along Ekehuan road in Ovia North East Local Government Area of Edo State,” the court held.
It would be recalled that Sunday Oyemwense and William Uwadiae had on behalf of themselves and the people of Obagie Village approached the court to seek amongst others, a restraining Order against the defendants, following controversies that trailed the Odionwere position in the village, especially when it became apparent to the Plaintiffs that the attitude of the 1st Defendant negate the traditional norms of Obagie Village and by extension Benin tradition and customs.
