Appellants seek S’ Court recognition of Ogiamien of Benin

Chief Rich Osemwengie says that his family’s appeal at the Supreme Court is seeking to give effect to Edict No 37 of 1968 that recognizes the traditional title of Ogiamien of Benin Kingdom.    

The appellants are asking for the restoration of the provisions of Edict No 37 which recognizes Ogiamien of Utantan on the same royal status with that of Oba of Benin.

They said that the Court of Appeal, Benin in its judgment recognized the edict, adding that “we therefore, pray the Supreme Court to restore it. We are not interested in the stool of the Oba of Benin.”

Also, the appellants are also challenging the validity of the Traditional Rulers and Chieftaincy Edit of 1979, which recognises the Ogiamien title in the kingdom as a mere palace chief.    

However, the appeal which was slated to be heard on February 24 by the Supreme Court did not hold because the court did not sit.

At the last sitting of the apex court on the matter, counsel to Chief Osewmengie, Godwin Oaikhena, told the justices of the apex court, headed by Bode Rhodes-Vivour, that the plaintiffs have filed three motions before the court.

One was to give the matter accelerated hearing, the second was a motion to adduce additional evidence, which was not available as when the case was filed because the first plaintiff was in prison and could not access the document when the case was first filed.

The counsel also said the plaintiffs were asking for a stay of execution of the decision of the appellate court until the final determination of the case at the Supreme Court.

However, counsel to Oshiomhole, who was joined in the suit as the then governor of Edo state and counsel of the Benin Traditional Council, Austen Alegeh (SAN), maintained that the additional evidence cannot be filed at an appeal stage and prayed the court to discountenance the motion.

In its ruling, the court asked parties to reserve their submissions until all the motions were properly filed before the court and heard along with the substantive matter.

Chief Osemwengie insisted while speaking with the media on Tuesday that the case before the court was a straight forward one, revealing that custom and tradition demand that once the demise of a father, the first son inherits the Ogiamien title in Benin Kingdom.

Chief Osewmengie said he and his people were not after the Oba of Benin title, but the Ogiamien title.

The trial court in 2015 had ruled in the favour of Chief Osemwengie, but the appeal court upturned the judgment of the lower court, which prompted the appeal to the Supreme Court.