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From Ighomuaye Lucky, Benin
The Enogie of Evbo-Obanosa, Prof Gregory Akenzua, and his counterpart from Egbaen, Edomwonyi Iduozee Ogiegbaen have challenged their suspension by the Oba of Benin, Ewuare II in the Benin High Court.
In Suit No. B/290OS/2023 filed by their counsel, Dr. Osagie Obayuwana, the claimants who are challenging the monarch’s authority under the law to suspend them as Enogie (duke) of their respective communities, contended that their appointment as traditional chiefs enjoys recognition by the Edo Government.
The claimants who attach their registration certificates among the exhibits they rely upon in the suit, argued that they are duly registered under Section 25(2) of the Traditional Rulers and Chiefs Law, just like other traditional rulers in the state.
In an Affidavit in Support of the Originating Summons deposed by Prof Akenzua, he alleged that the people of the two Dukedoms hoodwinked to embark on solidarity visits to the Palace of the paramount ruler in Benin during which they were reportedly suspended in their absence.
Relying on Section 28 of the same Traditional Rulers and Chiefs Law, they argued that only the State Executive Council may sanction them (Enigies), if they were found wanting, adding that anything to the contrary is a usurpation of the powers of the State Executive Council.
They denied any wrongdoing by exercising their right to freedom of speech by writing a letter to the Governor of Edo State along with 94 of their fellow Enigie in 2022, in which they called on the governor to exercise a power
conferred on him by law which they believe will lead to more rapid development of rural Edo State, particularly Edo South Senatorial district.
Dr. Obayuwana, a former Attorney General and Commissioner of Justice added: “The two issues posed for determination by the court by the claimants are: Whether the Omo N’Oba can exercise the power to suspend a registered traditional chief, when the law vests that authority on the State Executive Committee.
“Whether the Oba of Benin has the authority to suspend them in violation of
their right to fair hearing guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria.”
The trial judge, Justice PA Akhihiero has adjourned the case to March 18 for mention.
