The Court of Appeal in Benin City, Edo State, has thrown out an appeal filed by the Egbirhe Community, challenging an earlier ruling by the Edo State High Court that endorsed a boundary settlement facilitated by the Oba of Benin between the communities of Okhuoromi and Egbirhe.
Egbirhe, the appellants in the matter, had originally taken Okhuoromi, both communities situated in Oredo Local Government Area, to the Edo State High Court 1.
The case, registered as Suit No: B/361/2019, was presided over by the then Chief Judge of Edo State, Justice Esther Edigin (rtd).
The claimants contended that the Customary Arbitration process led by the Benin Monarch, Oba Ewuare II, was flawed. Specifically, they alleged that the palace emissaries who carried out the boundary demarcation were compromised.
In their suit, Egbirhe sought the court’s intervention to nullify the resolution of the monarch and instead declare them rightful owners of the contested land.
However, Justice Edigin ruled in favour of the Oba’s arbitration, stating that the decision was binding and final.
The court further barred the Egbirhe community from initiating any further legal action related to the dispute.
Dissatisfied with the verdict, the community, through their legal representative, E.O. Eghobamien (SAN), filed a five-ground Notice of Appeal on May 14, 2021, urging the appellate court to overturn the decision.
Meanwhile, the Okhuoromi community, represented by Prince P.E. Uwadiae Esq, urged the court to uphold the High Court’s judgment, insisting the appeal lacked substance.
Delivering the ruling, a three-member panel led by Justice Bitrus Gyarazama Sanga unanimously dismissed the appeal, declaring, “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.”
In response to the outcome, elders of Okhuoromi convened a press briefing to express gratitude to the judiciary for upholding justice and validating the High Court’s decision.
Speaking during the conference, the Community’s Chief Priest, Ovbokhan Igbinovia, addressed circulating rumours on social media alleging collusion between Okhuoromi and certain developers, as well as claims that land sales were being reversed.
“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.
