By Austin Ogwuda
THE Enogie of Evbo-Obanosa, Prof. Gregory Akenzua and the Enogie of Egbaen, Edomwonyi Iduozee Ogiegbaen have instituted a law suit before a Benin high court to determine whether the revered Oba of Benin, Oba Ewuare 11 has the authority to suspend them as the Enogie (Duke) of their respective communities.
The aggrieved Enigie through their counsel, Dr. Osagie Obayuwana, according to the Originating Summons in the Suit No. B/290OS/2023, are seeking two issues posed for determination by the court:
*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.
They (plaintiffs) are contending that their appointment as traditional chiefs was duly recognized by the Edo State Government and went on to attach their registration certificates among the exhibits they relied upon in said suit, averred that they were 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 he deposed to, Prof. Akenzua alleged that the people of the two Dukedoms were 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 State traditional rulers and Chiefs Law, they argued that only the State Executive Council may sanction them (Enigie), 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 the power conferred on him by law which they believed would lead to more rapid development of rural Edo State, particularly Edo South senatorial district.
The case has been fixed for mention on the 8th of March 2024 before Justice P. A. Akhihiero’s court.
*pic: Omo N’Oba, Ewuare 11
*Credit: Concord online news