FROM IKHILI EBALU, BENIN CITY
Two years after commencement of trial, judgment has been fixed for April 21, 2023 by Justice Daniel Okungbowa in the Otaru of Auchi, Edo State chieftaincy tussle.
At Monday’s sitting, Justice Okungbowa adjourned the case after the adoption of the final written addresses by the different counsels in the chieftaincy dispute.
In his final address, counsel to the plaintiffs, Mr. Daniel Okoh (SAN) argued that in communities where there is one ruling house 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 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 one 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, noting that the fact that one has been doing the wrong thing for a long time 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 means an abrogation of the customs of the people, noting that the 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.