Court reserves ruling on Ikharo Ruling House of Auchi suit over Royal stool

By DADA AYOKHAI
The Chieftaincy dispute in Auchi ruling house resumed on Monday in a Benin High Court before Justice Daniel Okungbowa of Benin High Court.

When the case came up Monday Tuesday 11, counsels to the defendants: Mrs. BU Adeleye, Salman Dako and Daud Momodu vehemently opposed the tendering of the Report of Ojiugo Commission of Enquiry into the Auchi chieftaincy dispute.

Counsel to the plaintiff, Mr. Ose Okoh SAN argued that he sought to table the Ojiugo Report as an exhibit before Justice Okungbowa to show its existence and not to prove its content.

Citing Section 10 of the Commission of Enquiry Law of Bendel State which they said is applicable to Edo State and Section 8 of the Tribunal Evidence Act, the trio of Mrs. Adeleye, Dako and Momodu however objected to the admissibility of the document noting that the landmark cases of Ogunyemi Vs Badejo and Nting Vs Longkwan at the apex court made it illegal.

Dako insisted: “Ojiugo Report should not be admissible as evidence because it is a report of an enquiry. We have several Supreme Court cases like Ogunyemi Vs Badejo and Nting Vs Longkwan which makes the inadmissibility of commission of I inquiry reports in courts.”

After listening to the argument of the different counsels, Justice Okungbowa adjourned ruling and the continuation of defence to November 2.

Worried with the non-implementation of the Ojiugo Commission of Enquiry which submitted its report after an exhaustive hearing from all the opinion leaders in the northern Edo community during the regime of ex-military Governor Samuel Ogbemudia into the Auchi Chieftaincy dispute, the Ikharo Ruling House had dragged the Edo State to court seeking the implementation of the watershed report.

Two other ruling families, Omonofua/Igechi/Omomo and Abikhiele who were originally defendants had opted to be joined as co-claimants against the Idao (Momoh) who are co-defendant.


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, His Royal Majesty, Alhaji HA Momoh, the Otaru of Auchi, they are seeking a declaration that the selection, presentation and appointment and/or production of Otaru of Auchi is rotational, and each sub-ruling house of Ikelebe Ruling House of Auchi must take it turn in accordance with the custom and tradition of Auchi as enshrined in Section 3(2) and 14 (1) (c) of the Traditional Rulers and Chiefs Law 1979.

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 Odjiugo Report of 1971 had recommended on page 22-23 that the Otaruship should rotate between the two in the following order: Idao sub-ruling House and Ikharo sub-ruling House.

The report had also on page 23 recommend that since the Idao sub-ruling House had produced the last Otaru of Auchi as at 1969 when Otaru AK Momoh died, “it is now the turn of the Ikharo sub-ruling House to present a candidate to fill the current vacancy.”

Ojiugo Report was tendered before the court to show its existence and not to prove its content

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