Mr Peter Uwadiae Esq
* Says situation is rather unfortunate
By Kingsley Abavo, Benin
The people of Okhuoromi Village, Oredo Local Government Area, Edo State have reacted to the claims of their neighbor; Egbirhe people that there was no Court Judgment in their favour over the long disputed land area between them.
Egbirhe people made the claim during a press briefing Wednesday, last week.
Their legal Counsel, Monday Oseghale had told the media, that Okhuoromi people fraudulently obtained enrolled order of court which misrepresented material facts of the Court Judgment.
And that the presiding Judge, Justice Esther Edigin rtd. had on page 70 of the judgement dismissed the claimants’ (Egbirhe people) case and struck out the defendants’ (Okhuoromi people) case for being incompetent. But upheld decision of the Benin Monarch HRM Oba Ewuare II on the matter.
In the enrollment order of judgment of the court, the officer in charge deliberately did not include, that the case of Okhuoromi people was struck out for being incompetent, he alleged.
Consequently reacting on Thursday, the legal Counsel to the people of Okhuoromi Village, Prince Peter Enoseregbe Uwadiae Esq. observed:
“It’s rather unfortunate that my learned friend who handled the matter at the Trial Court would address such a very empty, vexatious and provocative press briefing.”
Uwadiae said though the case is sub-judice as it was pending in an Appeal Court, he would only comment on the judgment aspect as raised by his opponent, Dr. Monday Oseghale.
He explained, that the Court did object when Oseghale wanted to make it believe the case before it, was to determine ownership of the disputed land.
Hence in its judgment, the Court mentioned that the pleadings of the Claimants was not only contradictory, but a calculated attempt to pool a wool across its face, and was fraudulent.
In the Claimants’ pleadings as filed in Court was to determine the case as adjudicated by the Benin Monarch and its execution, whether it was in compliance as handed down by HRM Oba Ewuare II or not.
The Court said that it is a declarative judgment, and in a declarative action, the defendants need not file any counter.
This is because the Court is to pronounce on an already existing judgment as handed down by a competent authority.
“The Court went ahead to look at the validity or otherwise of the judgment handed down by His Royal Majesty, and the execution of same whether it implies with the five conditions set out for a traditional arbitration.
1. That the parties submitted to the jurisdiction of His Royal Majesty
2. Whether His Royal Majesty is the right authority to so handle such a case
3. Whether the decision of His Royal Majesty was in line with the tradition of the Benin people
4. Whether the same judgment was accepted by all the parties as at the time it was handed down.
5. Whether the judgment was published.
Contrary to allegation that the Monarch’s representatives connived with Okhuoromi people to subvert his ruling, Uwadiae said the boundary demarcation was done in the presence of members of both Villages, with the acting Odionwere of Egbirhe people; one Douglas Igbinidu Omorotiomwan also present.
Satisfied consequently; the people of Egbirhe went to thank the Monarch after the boundary was demarcated by the Oba’s representatives, indicating acceptance of the execution of the resolution, he said.
Uwadiae described what the people of Egbirhe are doing now through their Counsel, as tantamount to attempting to change the goal post at the centre of the game..
On the alleged striking out of Okhuoromi’s case for lack of merit as stated on page 70 of the Court judgment, he said it was even against them.
Uwudiae quoted content of the page 70: “Let me state categorically clear that the fact that the Counter Claim has been struck out, does not mean that the Claimants’ case stands. It does not.
“Having earlier found that the elements of a customary arbitration were found to be established in the customary arbitration conducted by His Royal Majesty, the Oba of Benin, Oba Ewuare II, the Claimants are estopped from instituting any case in Court on the issue.
“They are bound by the decision of the Oba even as the decision is against them. The Oba’s decision stands.
“Having to consider Claimants’ case as it is before this Court, will amount to useless exercise.
“The Claimants’ case is uncalled for, most unecessary and a waste of precious time that this Court would have channeled to other cases.
“Claimants’ case is dismissed in its entirety.”
Uwudiae held that what Oseghale therefore has done, amounts to unethical practice: “that you filed an action in Court, you are on appeal, you are doing press briefing on the same matter.”
He adds: “As it stands now, there is nothing inhibiting the defendants from executing the judgment handed down by His Royal Majesty which was reaffirmed by the Court.
“My learned friend ought to know and be well abreast with the facts of his case,” Uwadiae declared.
Further, he said it has come to his notice that his “Clients have been innudated with the issues of social media to the extent, that the Ohen of Okhuoromi is now being labeled as a land grabber.
Even as they further say the Ohen has been suspended by the Palace.
“We did a discreet investigation and it revealed that His Royal Majesty never suspended the Ohen.
“Infact, the Palace issued a statement that the Ohen is a bonafide Chief of Benin Kingdom and he has ambience relationship with the Palace.
“And he is carrying out the duties assigned to him within the confines of the requirements of the Palace.”
In reference, he disclosed that one Stanley Obaze who claimed to be coordinator, Edo in the Diaspora Connect Worldwide, has therefore been dragged to Court for libelous publication on social media against the Ohen.
“I am using this medium to tell the world that while people set out maliciously and mischievously to malign the name of the persons of Okhuoromi, we are also out to fight them head on.”
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