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From Godwin Tsa, Abuja
The dispute over returned looted artefacts and other items of Benin heritage has taken a legal dimension with a suit against the promoters of the controversial Museum of West African Contemporary Culture and Arts (MOWAA).
Specifically, the suit marked: FHC/B/CS/107/2025 pending before the Benin division of the Federal High Court is seeking to stop MOWAA and their agents from establishing, opening or operating any museum in Benin City, Edo State, dealing with Benin artefacts without the consent of the Oba of Benin.
The suit is filed by a member of the Benin Traditional Council (BTC), Chief Osaro Idah, the Obazelu of Benin Kingdom, through his lawyer, Kelvin Mejuku, wherein, he raised two issues for the court’s determination and is seeking five reliefs.
Already, hearing in the suit has been scheduled for November 27, during which the court is expected to hear the motion for interlocutory injunction filed by the claimant.
According to available court documents, the claimant is contending among others, that the Oba of Benin, being the sole custodian of the culture, tradition and heritage of the Benin Kingdom, is the only rightful person to determine where the returned looted artefacts and other items of Benin heritage should be kept.
Listed as defendants in the suit are:Museum of West African Arts LTD/GTD and the National Commission for Museums and Monuments (NCMM).
The claimant wants the court to declare that by virtue of the Federal Government’s notice contained in Order No. 1 of 2023 titled: “Notice of Presidential Declaration on the Recognition of Ownership, and an Order Vesting Custody and Management of Repatriated Looted Benin Artefacts in the Oba of Benin Kingdom,” dated March 23, 2023, the Oba of Benin is the custodian of the culture, tradition and heritage of the Benin Kingdom and people.
He equally wants a declaration that by virtue of the said Federal Government’s notice contained in Order No.1 of 2023, the first defendant/the founders and operators of the Museum of West African Contemporary Culture and Arts, located in Benin City require the consent of the Oba of Benin, the sole custodian of Benin culture and arts, to hold Benin artefacts among other collections in the museum.
Idah is also urging the court to declare that the defendants cannot surreptitiously identify with and or deploy or use the name, title and or the throne of the Oba of Benin, without the consent of the Oba, to solicit for endorsements, funds and or support within and outside Nigeria for prosecution of their purported interests in Benin artefacts and objects for the purposes of establishing or maintaining a museum in Benin City.
The claimant equally wants the court to issue an order of perpetual injunction restraining the defendants, their servants, privies or agents from establishing, opening and operating any museum in Benin City, Edo State, dealing with Benin artefacts without the consent of the Oba of Benin.
Idah stated in a supporting affidavit that the Benin artefacts are the cultural heritage of the Benin Kingdom, created by its ancestors and forefathers within the traditional norms and rites of the kingdom.
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“They are not property of any private corporate entity that is not a creation of the Benin kingdom.
“The people of Benin kingdom and other stakeholders, especially Benin dialogue group, had at different meetings, endorsed the Benin Royal Museum to be built within the palace, as well as endorsing the Oba Ewuare II Foundation for fund raising and other requisite administrative processes.
“It was based on the above that the Oba of Benin prevailed on the Federal Government to take custody of these artefacts on behalf of the palace until the Benin Royal Museum was ready for their collection.”
He further stated that by virtue of the said Federal Government’s notice contained in Order No. 1 of 2023, the Oba of Benin became recognised as the sole owner, with the sole responsibility to have the custody and management of Benin artefacts.
He added that the gazette issued by the Fed Govt pursuant to the 2023 order did not contemplate a situation in which any of the repatriated Benin artefacts would be diverted or hijacked from the custody of the Oba of Benin and kept in the custody of a privately operated museum or as part of the collection of any private organisation, museum like the MOWAA and NGO-operated museum.
The claimant states that the Government of Edo State in 2024 restored the full statutory right of the Oba of Benin as the custodian of the culture, tradition and heritage of the Benin Kingdom and people and his ownership and title of the stolen/looted artefacts and other art works.
He added: “Regrettably, some of the artefacts have now found their way in a private museum, named the Museum of West African Contemporary Culture and Arts (MOWAA) located in Benin City, operated by the first defendant, without the consent of the Oba of Benin.
“This action of the first defendant is very provocative, confrontational and calculated to undermine the lawful authority of our monarch.
“The exclusive authority and right of the Oba has been confirmed by a legal instrument known as Notice of Presidential Declaration, which is an order vesting custody and management of repatriated looted Benin artefacts in the Oba of Benin Kingdom.
“The establishment in Benin City of a private or public-private museum, the so called Museum of West African Culture and Arts (MOWAA) by the defendant, in collaboration with the second defendant, without reference to the sovereign authority of our Oba over Benin culture and arts, is not only a violation of the customary law of Benin Kingdom but also spiteful of the authority of the revered palace.
“The Maverick move by the first defendant in promoting the MOWAA to operate in Benin City under the nose of the Oba but without the consent of the palace is causing serious unease, public unrest and provocation threatening the peace of the Benin Kingdom.
“This development is in conflict with the pronouncement of the Government of Edo State, restoring full statutory rights to Oba Ewuare II over the artefacts of the Benin Kingdom,” Idah said.
