Edo Court admits BTC in suit challenging Oba of Benin’s right to suspend Enogies

An Edo State High Court sitting in Benin, on Thursday admitted the Benin Traditional Council (BTC), as a party in the suit instituted by two suspended Enigie (Dukes), challenging the authority of the Omo N’Oba N’Edo Uku Akpolokpolo Oba Ewuare II, Oba of Benin, to suspend them.

This was just as the Edo State Government said that it was not a party to the claimants in the suit in which the Attorney General of the State and Commissioner for Justice were joined as a co-defendant.

It was a carnival of sort when the matter came up on Thursday as over 100 priests, priestesses and palace functionaries, stormed the the court in solidarity with the Omo N’Oba, chanting curses against the enemies of the Oba at

It would be recalled that two suspended Enigie (Dukes) of Evbuobanosa/Abudu Dukedomin Benin Kingdom, Professor Gregory Akenzua, who is an uncle to the Oba, and Chief Edomwonyi Ogiegbaen of Egbaen Siluko Dukedom on behalf of some others, sued the Oba at the Edo State High court, challenging their suspension from offices.

Also, the duo on behalf of others, had claimed that it is only Governor Godwin Obaseki, and not the monarch, who pronounced them suspended for rebelling against the monarch, that could remove them from their positions.

The BTC was at the Thursday sitting admitted as a party in a suit.

Ruling in a motion on Thursday, Justice Peter Akhihiero granted the 1st defendant to include the BTC as the 3rd defendant in the suit marked, B/250os/2023, while Oba Ewuare II and Edo State Government, are the 1st and 2nd defendants respectively.

The ruling was in response to an application filed by the 2nd defendant’s lead counsel, Professor Yemi Akinseye-George, SAN, Professor Edoba Omoregie and his team.

Justice Peter Akhihiero directed parties in the suit, the Edo State Government represented by the State Attorney General and State Commissioner for Justice, Oluwole Iyamu, SAN, Oba Ewuare II, Professor Gregory Akenzua and Edomwonyi Ogiegbaen, who were both represented by their counsels led by Dr. Osagie Obayuwana, who had objected to the motion by the counsel of Oba Ewuare II, to amend their relevant documents in the case to reflect the decision.

While other parties in the suit aligned with the position of Oba Ewuare II’s counsel to join the BTC, BTC in the suit, the claimants, through their counsel, Dr Obayuwana, prayed the court not to list the BTC as a party in the suit and urged the court to award cost against the Oba in favour of the Claimants.

But, Justice Peter Akhihiero, turned down the prayers, and held that Obayuwana should not worry about the timing, insisting that, “The race is not for the swift, or the battle for the strong”.

“If they are bringing in the Traditional Council as necessary, I don’t see this as a problem since you people have brought the Oba to court.

“I don’t think I can shut down any party. Let them come in and file their processes”, Justice Akhihiero said, and adjourned hearing in the case to July 15, 2024 in the absence of any objection.

There was a heavy presence of security personnel at the premises of the State High Court Complex on Sapele Road in Benin City.

However, all those who came to the court in solidarity with the Oba were not allowed into the court due to their large numbers.

Groups and Edo sons and daughters, including members of the Royal family and chiefs were in court in solidarity with the Oba.

Meanwhile, the Edo State Government has said that it was not involved in the suit involving the Oba of Benin and Enigie in the state.

The government also noted that it is only a defendant in the suit like the Oba of Benin, and as such had no interest in the matter as being insinuated in some quarters.

The State Commissioner for Information and Orientation, Mr. Chris Nehikhare, stated the government’s position at a press briefing in Benin City, on behalf of the government.

Nehikhare, who called for an out-of-court settlement, also expressed the government’s sadness that such a matter among brothers could be allowed to degenerate to the extent of a lawsuit.

“The Edo State Government has appealed to the parties involved to reach a peaceful settling out of court”, the commissioner said, promising that government would like to be part of the resolution of the dispute.

The text of the commissioner’s briefing reads: “The attention of the Edo State Government has been drawn to the groundswell of misinformation regarding a court case involving our revered monarch, His Royal Majesty, Omo N’Oba N’Edo Uku Akpolokpolo, Oba Ewuare II, the Oba of Benin and some Enigie.

“The State Government has no hand in the matter and is also being sued by the Enigie.

“The case with suit no B/29005/2023 is between His Royal Highness Prof. Gregory Idurobo Akenzua, the Enogie of Evbo-Obanosa/Abudu and His Royal Highness Edomwonyi Iduozee Ogiegbaen, the Enogie of Egbaen-Siluko against Oba Ewuare II, the Oba of Benin and the State Government, who are defendants in the suit.

“It is sad and painful that the matter which is essentially among brothers had degenerated to the point of litigation.

“The government hereby appeals to all parties in the matter, being blood relatives, to work together and withdraw the matter from the court and begin a process of dialogue towards the amicable resolution of the issues in the interest of the sanctity of our most respected traditional institution.

“Government is also open to working with all parties for a peaceful resolution of the dispute.” Nehikhare reiterated.

NIGERIAN TRIBUNE

Source:

Tribune Online