S’Court decides fate of Ogiamien traditional title of Benin Kingdom May 23

Andrew Orolua, Abuja

The Supreme Court has fixed May 23, 2019 to hear an appeal lodged before it by Chief Rich Arisco Osemwengie and others over the traditional title of Ogiamien of Benin kingdom.

The plaintiffs and benefactors of Ogiamien title are challenging the validity of the Traditional Rulers and Chieftaincy Edit of 1979, which recognised the Ogiamien title in the kingdom as a mere palace chief at the extant of the Oba of Benin.

When the case came up on Tuesday at the Supreme Court, counsel to Chief Osewmengie, Godwin Oaikhena, told the justices of the apex Court, headed by Justice Bode Rhodes-Vivour, that the plaintiffs have filed three motions before the court.

First an application for accelerated hearing.

The second a motion to adduce additional evidence – a document (letter), 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 stay of execution of the decision of the Court of Appeal pending the determination of the appeal at the Supreme Court.

However, counsel to Oshiomhole and Benin Traditional Council, Austen Alegeh (SAN), maintained that the additional evidence cannot be filed at an appeal stage, rather at the trial court and prayed the court to discountenance the motion.

However, the court asked parties to reserve their submissions until May 23 when all motions will be heard with the substantive matter.

Speaking with the media after proceedings, Oaikhena said the case before the court was a straight forward one.

He said custom and tradition demand that once the demise of a father, the first son inherits the Ogiamien title in Benin Kingdom.

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

“We are not interested in Oba of Benin title, what we are asking for is for the Oba to hand off the title of Ogiamien. We are not after the Oba stool but in Ogiamien,” Osewmengie said.

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 an appeal to the Supreme Court.

Osemwengie and others are suing the Governor of Edo state, when the case was instituted, Adams Oshiomhole and the Benin Traditional Council to determine the legality or otherwise of the edit of 1979 of denying the family of the age long title of Ogiamen?

Recall, the Appeal Court in Benin presided over by Justice Olukayode Bada had in November 2016 upheld the appeal filed against Chief Rich Arisco Osemwengie and others by the governor of Edo state, the Benin Traditional Council and others following alleged attempt by Chief Osemwengie and others to usurp the powers of the Oba of Benin by installing himself as the Ogiamien of Benin Kingdom

The appellate court said the High Court in Benin which had earlier ruled in favour of Chief Osemwengie and others who were challenging the validity of the Traditional Rulers and chieftaincy edit of 1979, erred by ruling in favour of Chief Osemwengie because the suit filed “by Osemwengie and others against the governor of Edo state and the BTC at the High Court Benin City is status barred and did not disclose the reasonable cause of action.

Chief Osemnwengie and others were earlier charged by the Edo state government at the Oredo Magistrate Court for waging communal war and installing a traditional ruler without lawful authority as prohibited by the Traditional Rulers and chieftaincy edit of 1979 of Bendel, state as applicable to Edo state.

“Governor Adams Oshiomhole of Edo State presents the Staff of Office to His Royal Majesty, Omo n’Oba n’Edo Uku Akpolokpolo, Oba Ewuare II, Oba of Benin after his coronation, Thursday

However, Justice Bada who ordered that the suit filed by Chief Osemwengie at the High Court against the governor of Edo state and the BTC be struck out since they were instituted outside the time limit stipulated by the status of limitation of Bendel state as applicable in Edo state,

added that the law they were relying on which existed during the Midwest region has been repealed by the Traditional and chieftaincy Edit of 1979, therefore they have no locus standi to institute a suit in the first place against the state governor and the BTC.

Justice Bada noted that the plaintiffs (Chief Osemwengie and others) have been in slumber for 37 years but “suddenly woke up from their slumber even when they have no reasonable cause of action as they are only recognized as chiefs in the palace of the Oba of Benin (Ogiamien of Benin Kingdom) as indicated by the extant law”.

The implication of the judgment is that Chief Osemwengie and others who were earlier remanded in prison but granted bail would be made to face trial at the Magistrate court for ascribing to himself Ogiamien of Utantan Benin nation without the authorities of the Oba of Benin and the state government.