Two of the Enigie reported to have been suspended by Ewuare II, Oba of Benin, Prof. Gregory Akenzua and Edomwonyi Iduozee Ogiegbaen have filed a law suit against the Monarch challenging the Oba’s authority under the law to suspend them as Enogie of Evbo-Obanosa and Enogie of Egbaen respectively.

In the case marked Suit No. B/290OS/2023, pending in the High Court of Justice, Benin Division, the Claimants state that their appointment as Traditional Chiefs enjoys recognition by the Edo State Government and that they are duly registered under Section 25(2) of the Traditional Rulers and Chiefs Law, just like the Oba. They attached their Registration Certificates among the Exhibits they rely upon in the suit.

They specifically rely on Section 28 of the same Traditional Rulers and Chiefs Law to state that only the State Executive Council may sanction them if they were found wanting; that the Oba has no right to usurp the powers conferred by law on 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.

In an Affidavit in Support of the Originating Summons deposed by the 1st Claimant, Prof. Gregory Akenzua, the Claimants accuse the Oba of instigating the people of their Dukedoms to orchestrate solidarity visits to the Palace, during which the Oba claimed to have suspended them in their absence, in exercise of a power he, the Oba does not possess.

The 2 issues posed for determination by the Court by the Claimants are:

1. Whether the Oba can exercise the power to suspend a Registered Traditional Chief, when the law vests that authority on the State Executive Committee?

2. Whether the Oba 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.

From available Court processes, the suit has been served on the Oba through Chief Stanley Obamwonyi, the Esere of Benin Kingdom, of the Office of the Private Secretary to the Oba; and the Attorney General of Edo State, sued as the 2nd Defendant has also been served. The matter is fixed for 18th March, 2024.