Lucky Obukohwo ReportingÂ
Two years after the trial into the Otaru of Auchi, Edo State chieftaincy tussle began, judgment has been fixed for April 21, 2023 by Justice Daniel Okungbowa
At Thursday’s sitting, Justice Okungbowa of Benin High Court adjourned the case after the adoption of the final written addresses by the different counsels in the chieftaincy tussle.
In his final address, counsel to the plaintiffs, Mr. Daniel Okoh (SAN) argued that in communities where there are one ruling houses with several families, what normally obtains is rotation among the different families.
Besides, Okoh who relied on the watershed Ojiugo Report further said that it’s not proper that only one family, Momoh Idaewor has held on to the Auchi chieftaincy since 1919 till date, noting that all the traditional rulers have been from the particular house for about 104 years.
He dismissed the argument by counsels to the defendants who held that the case should be dismissed on the ground that the Ikharo Ruling House has contested in every election for the Otaru of Auchi since 1944 when His Royal Majesty Momoh Idaewor passed on, stressing that for the fact that one has been doing the wrong thing for a long time does not legalize it.
He said: “The Otaruship should be rotated among the ruling houses and should not be monopolized by just one family.
” The Bendel State Chieftaincy and Traditional Law of 1979 shot should be discarded as it is in conflict with the parent law.
In his submission, Mr. Salman Dako, counsel to Otaru of Auchi, His Royal Majesty Haliru Momoh countered, explaining that Customary Law ought not to be based on statutory interpretation.
Dako added that rotation, as canvassed by the appellants, means an abrogation of the customs of the people, stressing that they (appellants) ought not to complain of fair hearing as they were given opportunity to state their case during the Ojiugo Enquiry while the governor, who played the role of a judge came out with the Chieftaincy and Traditional Law of 1979 which should be binding on all the parties.
In suit No: B/329/2018 between the claimants Mamudu Ikharo, Yahaya Ikharo against the Attorney General, Edo State, Permanent Secretary, Ministry of Local Government Affairs, the Otaru of Auchi, His Royal Majesty, Alhaji Haliru Momoh, the plaintiffs are also seeking a declaration that the Odjiugo Commission of Inquiry into the Otaru of Auchi Chieftaincy title as regards the number and identity of the Ruling House and the order of rotation represents the true traditional, correct and customary position of Ikelebe title under Auchi Native Law and Customs.
The plaintiffs are also seeking a declaration that the Odjiugo Commission of Inquiry into the Otaru of Auchi Chieftaincy title as regards the number and identity of the Ruling House and the order of rotation represents the true traditional, correct and customary position of Ikelebe title under Auchi Native Law and Customs.
