BENIN—THE Court of Appeal sitting in Benin City, presided over by Justice Olukayode Bada, has upheld the Appeal filed against Chief Rich Arisco Osemwengie and others by the Edo State Government, the Benin Traditional Council, BTC, and others, following alleged attempt by Chief Osemwengie and others to usurp the powers and ridicule the stool of the Oba of Benin.
The appellate court said the High Court in Benin which earlier ruled in favour of Chief Osemwengie and others who were challenging the validity of the Traditional Rulers and Chieftaincy Edit of 1979, erred 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 does not disclose the reasonable cause of action.”
It will be recalled that Chief Osemnwengie and others were earlier charged by the Edo State Government at the Oredo Magistrate Court for allegedly waging communal war and installing a traditional ruler without lawful authority as prohibited by the Traditional Rulers and chieftaincy edit of 1979 of the then 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 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as applicable in Edo State, noting that the law they were relying on which existed during the Midwest region had been repealed by the Traditional and chieftaincy Edit of 1979, therefore they had no locus standi to institute a suit in the first place against the state governor and the BNC.
Justice Bada who upheld the Appeal filed by the Edo State governor and the BTC and others, noted that the Respondents (Chief Osemwengie and others) had 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 a chief in the palace of the Oba of Benin (Ogiamien of Benin Kingdom) as indicated by the extant law”.
Reacting to the court ruling yesterday, Counsel to the Edo State government and the BTC, Chief Charles Edosomwan (SAN) leading O.A.Aimiuwu Esq and Douglas Ogbankwa, described the judgment as victory for the Benin traditional institution and the people of the Kingdom.
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