HRM Ewuare II, Oba of Benin
By Kingsley Abavo in Benin
The lingering disagreement between the Benin Traditional Council (BTC) headed by the Monarch, HRM Oba Ewuare II and a section of the Enigies (Dukes) was heightened on Thursday, 9 May, 2024.
As in solidarity, en-mass the Chiefs, priests and priestesses of different dieties in the Kingdom, including various women groups and youths besieged the Benin High Court for the Monarch, HRM Oba Ewuare II against the aggrieved Dukes who are challenging his authority over their suspension from office.
On behalf of the suspended Dukes, HRH Prof. Greg Akenzua of Evbuobanosa and HRH Edomwonyi Ogiegbaen of Egbaen Siluko sued the Monarch to court.
Greg Akenzua and Edomwonyi Ogiegbaen as Claimants in the originating summons carrying suit number; B/29005/2023
also joined the Edo State Government via the Attorney -general and Commissioner for justice as defendants.
The Claimants in their contention relied on Section 28 subsection (1), (2), & (4) as well as section 42 (1) of the Traditional rulers and Chiefs Law of Bendel State (1979) as amended and applicable in Edo State).
They argued, that the Monarch has no authority and is not empowered to suspend or in any way sanction them from their positions as recognized Traditional Chiefs under the Traditional Rulers and Chiefs Law of Bendel State (1979) (as amended and applicable in Edo State).
Also relying on the provision of Sections 36(1) of the Constitution of the Federal Republic of Nigeria (1999) as amended, they wanted the court to declare that the 1st defendant (Oba Ewuare II) has no authority to suspend them from their positions without according them the right of fair hearing. Adding; that it is only the executive Governor of the State who has the authority to remove them from office; if found wanting.
The Claimants relying on the quoted relevant laws therefore sought relief of the court to declare null, void and of no effect their suspension from office as Enogie of Evbo-Obanosa and Egbaen-siluko respectively, by the Monarch HRM Oba Ewuare II and consequently set aside the purported suspension.
Ruling on a motion by the 1st defendant; the presiding judge, Justice Peter Akhihiero granted the request to include the Benin Traditional Council (BTC) as the third defendant in the suit.
He directed all parties to amend their relevant documents in the case to reflect the decision.
While other parties in the suit agreed with the position of the Monarch’s counsel to join the Benin Traditional Council (BTC) in the suit, the Claimants’ counsel, Dr. Osagie Obayuwana objected and urged the court to award costs against the 1st defendant in favour of the Claimants.
But the trial judge rejected the prayers, and held that Dr. Obayuwana should not worry about the timing, insisting that “The race is not for the swift, or the battle for the strong”.
While the sitting of the court lasted, a crowd of supporters of the Monarch; mostly priests and priestesses of different deities of the land besieged the arena and environs; as free flow of traffic was obstructed on the ever busy Benin – Sapele road.
Dressed in white and red clothing of various designs of beads, cowries and other traditional ornaments; in ecstasy, they chanted solidarity songs, and war songs as they rain curses on the perceived enemies of the Monarch with many insinuating that the Governor Godwin Obaseki’s administration is the brain behind the unfolding drama.
But swiftly; the State Government in a statement by the Commissioner for Communication and Orientation, Chris Enehikhare denied knowing anything about the ensuing disagreement and court suit.
“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.
“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.
“The government is also open to working with all parties for a peaceful resolution of the dispute.”
Alleged Background of the disagreement
Sometime last year, Prof Greg Akenzua and Edomwonyi Ogiegbaen led a group of aggrieved Enigies (Dukes) to seek the intervention of the State Governor, Godwin Obaseki in some undisclosed issues with the Monarch.
According to reliable inside sources, in response, the Obaseki’s administration in a statement signed by the Secretary to the State Government, Osarodion Ogie took some decisions which the Palace did not find palatable.
In the statement dated 11 August, 2023, and signed by the SSG, Osarodion Ogie, it was said the State Government would be implementing the 1979 Law on the administration of Local Government; also it would give some monthly funding to the traditional rulers to enable them effectively administer their domains.
Even as there would be the establishment of traditional rulers’ council across the 18 local Government Council Area of the State.
The statement stressed that the budget and funding of the Benin Traditional Council will be completely independent of the financing which goes to all other traditional rulers’ councils of the various local Government Council Area of the State.
As the Government noted that “with the new development, the various traditional rulers’ councils across the local Government Council Area will now be able to optimally perform their roles within their domains working with other relevant stakeholders to maintain peace and order to accelerate grassroots development.
“The new structure will also help to deepen governance at the grassroots, enable the government to connect more with the people, get feedback on their needs and also identify and support the poorest in local and hard to reach communities across the State.”
The statement however stressed that the Benin Monarch remains the permanent Chairman of Traditional Rulers Council and Chiefs across the State and permanent Chairman of the Benin Traditional Rulers Council.
But the Benin Traditional Council headed by the Monarch regarded the actions of the concerned Enigies (Dukes) as flagrant insubordination and coup against the throne.
It maintained that the Benin Kingdom remains one united and indivisible entity under the supreme authority of the Monarch.
Consequently, the BTC slammed a suspension order on all the Enigies involved in what commentators viewed as an attempted coup against the revered throne of the Benin Kingdom.
Allegedly, this is the crux of the brewing disagreement; reliable inside sources said.
In the ensuing suit in court, Prof. Yemi Akinseye-George, SAN, and Prof. Edoba Omoregie led the team of counsels representing the Benin Monarch, while Dr. Osagie Obayuwana led the Claimants’ team of counsels;
and the State Government was represented by the Attorney -general and Commissioner for Justice, Oluwole Iyamu, SAN.
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