The two suspended enigie, Professor Gregory Akenzua and Chief Edomwonyi Ogiegbaen have dragged the oba and the state government to court as defendants in the suit marked B/250os/2023 where they claimed that their appointment as traditional chiefs enjoys recognition by the Edo State Government and that they were duly registered under Section 25(2) of the Traditional Rulers and Chieftaincy Law.
They also relied on Section 28 of the same Traditional Rulers and Chieftaincy Law to state that only the State Executive Council may sanction them if they were found wanting; noting that the Oba has no right to usurp the powers conferred by law on the State Executive Council.
When the suit came for hearing yesterday in court six, the presiding judge, Justice Peter Akhihiero admitted the Benin Traditional Council, BTC as a party in a suit to become the 3rd defendant after the State Government and Oba Ewuare II.
The ruling was in response to an application filed by the 1st Defendant’s Counsels, Prof. Yemi Akinseye-George, SAN, Prof. Edoba Omoregie (SAN) and his team that the BTC should be joined in the suit.
Justice Akhihiero directed parties in the suit, Edo State Government represented by the State Attorney General and State Commissioner for Justice, Oba Ewuare II, Prof. Gregory Akenzua and Edomwonyi Ogiegbaen, who were both represented by their Counsels led by Dr. Osagie Obayuwana who had objected to the motion through the Counsel of Oba Ewuare II, to amend their relevant documents in the case to reflect the decision.
While other parties in the suit aligned with the 1st Defendant’s counsels that the BTC be joined, the Claimants through their Counsel, Dr Obayuwana prayed the Court not to list the BTC as a party in the suit and urged the Court to award cost against Oba of Benin in favour of the Claimants.
But, Justice Akhihiero, turned down the prayers and held that “The race is not for the swift, or the battle for the strong.
“If they were bringing in the Traditional Council as necessary, I don’t see this as a problem since you people have brought the Oba to court. I don’t think I can shut down any party. Let them come in and file their processes”, he said, and adjourned hearing in the case to 15th July 2024 in the absence of any injection.
