Suspended Enigies file lawsuit against Oba of Benin

Two suspended Enigie (Dukes) in Benin Kingdom, Professor Gregory Akenzua and Chief Edomwonyi Ogiegbaen have filed a lawsuit against the Oba of Benin, His Royal Majesty, Omo N’Oba N’Edo, Uku Akpolokpolo Oba Ewuare II after they were suspended.

According to the suspended dukes, it is only the state governor and not the monarch that has the constitutional authority to remove them from office.

In the suit marked B/250os/2023, the suspended dukes claimed that their appointment as traditional chiefs enjoys recognition by the Edo State Government and that they were duly registered under Section 25(2) of the Traditional Rulers and Chieftaincy Law.

They also relied on Section 28 of the same Traditional Rulers and Chieftaincy Law to state that only the State Executive Council may sanction them if they were found wanting; noting that the Oba has no right to usurp the powers conferred by law on the State Executive Council.

They denied any wrongdoing exercising their right to freedom of speech by writing a letter to the governor of the state along with 94 of their fellow Enigie in 2022, in which they called on the governor to exercise a power conferred on him by law which they believe will lead to more rapid development to the rural areas of the state, particularly Edo South Senatorial District.

Justice Peter Akhihiero of Edo State High Court  admitted the Benin Traditional Council (BTC) as a party in the suit instituted by the suspended Enigie (Dukes) of the Kingdom, against the Oba Ewuare II.

Justice Peter Akhihiero who ruled in favour of the 1st Defendant (Oba Ewuare II), granting him to include the Benin Traditional Council as the 3rd Defendant.

While other parties in the suit aligned with the position of Oba Ewuare II Counsel to join Benin Traditional Council, BTC in the suit, the claimants, Prof. Gregory Akenzua and Edomwonyi Ogiegbaen through their counsel, Dr Osagie Obayuwana, prayed the court not to list the Benin Traditional Council, BTC as a party in the suit and urged the court to award cost against Oba of Benin in favour of the claimants.

But, Justice Akhihiero who turned down the prayers, held that Obayuwana should not worry about the timing.

According to him, “The race is not for the swift, or the battle for the strong. If they were 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 who directed all parties in the suit to amend their relevant documents in the case to reflect the decision of the court, adjourned hearing in the case to 15 July, 2024.