Royal Judicial Battle: Case Suffers Long Adjournment as Journalists, Palace Chiefs and Oba’s Supporters Were Denied Access to Courtroom

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Unlike in the past when it was an all-comers affair, it was a different ball game on Monday as access to Court Six of the Benin High Court, Edo State, where hearing resumed in the case involving suspended Enigie (Dukes) of Benin Kingdom and the Oba of Benin, His Royal Majesty, Ewuare 11, was restricted. Not even journalists were allowed into the courtroom as palace chiefs, traditionalists, and sympathisers and loyalists of the Oba were successfully shut out of the court premises by security agents.

The government had on Saturday in a statement by the Commissioner for Communication and Orientation, Chris Nehikhare, raised the alarm over alleged “attempts to interfere with the judicial process through threats and displays aimed at inciting public unrest” by some persons it referred to as “unscrupulous elements” and vowed to “take all lawful actions against any individual or group found to be involved in activities that undermine the peace in the state”.

At the last court hearing on May 9, 2024, over 100 priests, priestesses, and palace chiefs had thronged the High Court chanting curses and uttering incantations against the enemies of the Oba.

Recall that some suspended Enigie of Benin Kingdom led by the Dukes of Evbuobanosa and Egbaen Siluko, Prof. Gregory Idurobo Akenzua, and Chief Edomwonyi Ogiegbaen respectively, had dragged Oba Ewuare 11 to court over their suspension from office.

The case, which was initially heard by Justice Peter Akhihiero, was however adjourned to October 17, when it will start afresh having been re-assigned to a new judge, Justice Mary Asemota. Announcing the long adjournment, Justice Asemota said it was due to the forthcoming annual Judicial vacation.

One of the defence counsel, Samson Osagie, PhD, said the posting is within the state judiciary which led to the transfer of judges from different judicial divisions. He said, “The case was adjourned to October 17 when it will start afresh because of postings within the Edo State Judiciary leading to transfer of judges from different judicial divisions.

“Today, court six that is handling the matter has indicated that as a new judge, the matter will have to start de novo; what that means is that it has to start afresh. This is so because it was not the judge that was handling it before that is now handling the matter, and that is the position of the law.
Nothing happened today (Monday) in terms of proceedings except that the matter was mentioned again for the first time and the court ruled that the matter has to start afresh on October 17”.

The heavy deployment of security personnel who barricaded Sapele Road, and the early morning downpour in the city did not however dampen the enthusiasm of the teeming residents of the state capital in displaying their solidarity with the Oba.

Prof. Edoba Omoregie, senior advocate of Nigeria, (SAN) joined by Kingsley Obamogie, (SAN) and Dr. Samson Osagie, appeared as counsel for the Oba of Benin who is the 1st Defendant in the suit while Oluwole Osazee-Uzzi, the State Attorney-General, appeared on behalf of Edo State Government, the 2nd Defendant.

Dr. Osagie Obayuwana represented the claimants, Prof. Gregory Akenzua and Edomwonyi Ogiegbaen who were both absent in court, while Mrs. P. O. Okoduwa, appeared on behalf of the Benin Traditional Council (BTC) which was recently joined as the 3rd Defendant during the previous hearing of the case on May 9, 2024, by Justice Akhihiero who had now been reassigned.

Dr. Osagie, who spoke to newsmen on behalf of counsel to the 1st Defendant (Oba of Benin), said, “Today, Court 6 that is handling the case has indicted that as a new judge, the case will have to start de novo. What that means is that the case has to start afresh because he was not the judge that handled the case previously. That is the position of the law.”

On his part, Dr. Obayuwana described the court proceeding as normal. He said, “There has been a reorganisation of courts. Judges have been moved, and the case was adjourned to October 17, 2024”.