The Court of Appeal sitting in Benin City, Edo State, has delivered a unanimous judgment dismissing the appeal filed by the Egbirhe community, challenging the earlier verdict of the Edo State High Court that upheld the traditional boundary resolution conducted by the Oba of Benin, Oba Ewuare II.
The legal battle began when the Egbirhe community, serving as the claimants, dragged the Okhuoromi community (respondents) to the Edo State High Court in Suit No: B/361/2019. The case was presided over at the time by the then Chief Judge of the state, Justice Esther Edigin (rtd). Egbirhe alleged that the resolution of the boundary dispute, as conducted through customary arbitration by the Oba of Benin, was flawed. Specifically, they claimed that the palace emissaries responsible for carrying out the boundary demarcation compromised the process.
Egbirhe sought the intervention of the court to nullify the Oba’s decision and to declare them rightful owners of the disputed land. However, in a judgment delivered on April 28, 2021, Justice Edigin upheld the Oba’s resolution, stating that it was binding. She also ruled that Egbirhe was barred from initiating any further legal actions concerning the issues already settled by the Oba.
Unyielding, the Egbirhe community, through their counsel, Senior Advocate of Nigeria E.O. Eghobamien, filed a Notice of Appeal on May 14, 2021, outlining five grounds of appeal. They requested the Court of Appeal to overturn the High Court’s decision. Conversely, the Okhuoromi community, represented by Prince P.E. Uwadiae Esq, urged the appellate court to dismiss the appeal, arguing it lacked merit.
Delivering judgment, the three-member panel of the Court of Appeal, led by Justice Bitrus Gyarazama Sanga, agreed unanimously with the lower court. The panel concluded that the appeal was without merit and therefore dismissed it. The appellate court affirmed the High Court’s judgment delivered by Justice Edigin.
Following the ruling, elders of Okhuoromi community held a press conference to express their satisfaction with the decision. They praised the Court of Appeal for upholding justice and validating the Oba’s resolution. Addressing the press, the community’s Chief Priest (Ohen), Ovbokhan Igbinovia, refuted circulating social media claims alleging shady dealings between Okhuoromi and certain developers. He described the allegations as false, misleading, and lacking any factual basis.
“There was never a time the claimants purchased land from us. Okhuoromi does not engage in land grabbing or sell land to multiple developers,” he stated.
