The Appeal Court Sitting in Benin has dismissed an appeal filed by Egbirhe Community, challenging the judgement of the Edo State High Court which upheld the resolution conducted by the Oba of Benin on boundary dispute between Okhuoromi and the Appellants.

The claimants (Egbirhe) had in suit marked B/361/2019, dragged the respondents (Okhuoromi), both in Oredo Local Government Area in Edo before the Edo State High Court 1, presided over then by the former Chief Judge of Edo State, retired Justice Esther Edigin.

The claimants, amongst others, claimed that the Resolution of the Customary Arbitration conducted by the Oba of Benin, Oba Ewuare II was compromised by the palace emissaries sent by the monarch to carryout the boundary demarcation for the parties in dispute

Egbirhe prayed the trial court to set aside the resolution of the Oba and declare them owners of the area in dispute.

Ruling on the matter, the trial court held that the resolution of the Benin Monarch stands, adding that Egbirhe are not only binded by the resolution but also estopped from instituting any suit in whatsoever form on the issues determined by the Oba.

“They (Egbirhe) are bound by the decision of the Oba as the decision is against them. The Oba’s decision stands.

“The Claim suit is uncalled for, most unnecessary, and a waste of precious time that this Court would channeled to other cases. Claimants’ suit is dismissed in its entirety”, the trial Court held. 

Aggrieved with the judgement of the trial court, Egbirhe through their counsel, E.O. Eghobamien (SAN), filed a Notice of appeal on May 14, 2021, containing five grounds of appeal at the Appeal Court, and prayed the court to grant their appeal.

On their part, the Respondents (Okhuoromi) through their counsel, Prince Peter Uwadiae, Esq, prayed the court to dismiss the appeal, claiming that it lacks merit and affirm the decision of the trial Court.

The 3-mam Appeal Court headed by Justice Bitrus Gyarazama Sanga, in a unanimous decision held that the appeal was bereft of merit.

“It is hereby dismissed and the judgement delivered by E.A. Edigin, CJ; on 28th April, 2021 in Suit No. B/361/2019 is affirmed”.

Reacting to the appeal court ruling, elders of Okhuoromi community during a press conference commended the court for standing for justice by affirming the decision of the trial Court.

Speaking on behalf of the people, the Chief Priest (Ohen) of the Community, Ovbokhan Igbinovia, used the opportunity to dismiss the allegations of dishonest relationship between Okhuoromi and some developers making the rounds in the social media.

“Our attention has been drawn to fraudulent claims on the social media wherein some land developers are claiming that the land they bought from us is being taken back from them

“This claim is not true, baseless, misleading and lacking the truth as there was never a time the claimants bought land from us and in Okhuoromi. We don’t sell land for two developers nor indulge in land grabbing activities”, he said.