P Igbinigie Esq
By Kingsley Abavo, Benin
P. E. U. Igbinigie Esq.Wednesday, 16 February, 2022 last week, one Osaze Igbinakenzua in a report circulated on the social media, Independent Television (ITV) and radio Benin, alleged that the people of Okhoromi Village in Oredo local Government area of Edo State, led by Ohen Ovbokhan Igbinovia illegally confiscated his land: 100×100 plot; calling them land grabbers. In response, their Counsel, Peter Enoseregbe Uwadiae Igbinigie Esq. debunked the allegations as tissues of lies by mischief makers for the purpose of sheer blackmail adding; that his Clients: the people of Okhoromi are not land grabbers as antagonists want the world to wrongly believe.
According to him; the allegation would have been ignored for the avoidance of repetition; but for the public to be aware of the present situation of things in Okhoromi.
“Okhoromi and Egbirhe have checkered history. We have been to the Palace of HRM, Oba Ewuare II as it relates to the boundary of both villages. Infact when that case was pending before the Monarch, the people of Egbirhe ignored the traditional injunction restraining both sides from the disputed land area until it was resolved. But Egbirhe people went ahead and sold almost the entire land area to unsuspecting buyers.
This particular person ranting on the social media was one of such victims of Egbirhe’s illegal sales. However, when the judgement of HRM came that Okhoromi is the rightful owner of the land in dispute, there was a need for them to take ownership of what rightfully belongs to them.
That was not done just in one day, all the persons who trespassed were all invited including Osaze Igbinakenzua but because he was one of those black legs aiding Egbirhe in their nefarious acts, he did not turn up. And of course when you have judgement coming from the traditional Institution such as that of the Oba you must respect it. And in furtherance to that judgement, the Okhoromi people took over what rightfully belongs to them.
It didn’t even stop there, two years down the road after the Oba’s judgement, Egbirhe people found whatever reason they have to had gone to Court asking that the matter should be looked into and precisely on the 28 April, 2021, the Court came up with its own verdict to the effect that the Oba’s judgement should be allowed to stand; meaning it subsists and everything that goes with it is valid.
Well, this particular person since 2016 when the Oba gave his judgement and was effected on the 4th of January, 2017, did not turn up and he said he has a house, rather, it was a foundation laid on the land which did not belong to him. Let it be known that the doctrine of ‘Quicquid plantatur solo, solo cedit’: whoever owns the land owns whatever that is on it, applies. And because he didn’t turn up, expectedly, the Okhoromi people would apply the law; and it was in the application of the law that led to the cleaning of the place so that what rightly belongs to the community could be utilized.
We are surprised today that he is ranting on the social media without recourse to how he would meet with the community to see how best his matter could be looked into. As we speak, he has written a petition against Okhoromi to the police. We are aware also that he is being pushed by some people of Egbirhe who do not want the judgement of the Palace to stand; and also that of the Court. They, Egbirhe people have filed a notice of appeal and this do not serve as a stay of execution except the Court of Appeal says there should be a stay of execution of that judgement. So as we speak, the judgement is subsisting, the Oba’s judgement has been upheld and all that goes with that judgement is what the Okhoromi people are respecting.
Therefore, anybody who feels the social media is the right place to ventilate his grievances is taking a wrong step; if you feel you have been offended, there is Ohen, Odionwere and elders in the community and particularly when you did not have any dealing with them from the very beginning. It is Egbirhe people they should go meet with. I keep repeating this every time I have the privilege and opportunity of talking to the world.
If you buy a property from the wrong person; and the Oba of Benin has adjudged that person as not being the right person to had sold the disputed land to you, and the same judgement of His Royal Majesty has been upheld by a Court of competent jurisdiction, in this circumstance; the right person to meet, is that person who had sold what is not his to you; that is the right person to hold for whatever money spent on the disputed land. So, it is not for him like many other victims to go and be fighting the people of Okhoromi with whom you did not have any land dealing.
The Egbirhe people who sold the said land to Igbinakenzua are not dead, they are still alive.
When I got that judgement against the
Egbirhe people, the Court asked me to demand for a cost against them but I declined because of good neighborliness. The right thing for this man to do is to go demand his money from those who sold the land to him: Egbirhe people and not to be crying wolf when there is no sheep.
The Oba’s judgement and that of the Court confers ownership right on the people of Okhoromi; so, it is not right for him to continue to malign the image of my Clients in the public space.
So, I want to advise that the victim should go to the people of Egbirhe, which is the appropriate place because he bought from the wrong source, and he bought also a law suit which has been resolved in favour of the people who legitimately owns the land-Okhoromi people with whom he had no transaction. There is no privity of business contract between him and the people of Okhoromi; that explains it all!
Igbinigie also frowned at media platforms which he said are of the habit of reporting a one sided story especially, one that is still in court waiting for determination warning that such was subjudice.
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