By Olasunkanmi Akoni

A High Court sitting in Benin, Edo State has ordered the occupant of the Aidonogie (clan headship) stool in South Ibie, Etsako West Local Government Area of Edo State, Alhaji Aliyu Kelvin Danesi, applicant, to vacate the stool and declaring his emergence and continued  stay as “illegal and unconstitutional.”

Justice A. Ehigiamuso, in his judgement delivered of July 24, 2018,  upheld the verdict of the Court of Appeal and Supreme  Court, which had ruled that the appointment of Danesi is null and void.

The tussle over the Aidonogie had started in 1997 between the Danesi Branch of the Okhokho Ruling House of Iyakpi South Ibie and Ruling House of Oghiator.

According to the counsel to the respondent in the case, the Oghiator Ruling House, Roland Otaru, SAN, court proceedings were initially instituted on two consolidated cases in 1998 before a Benin High Court on the tussle to decide which of the ruling houses should produce the Aidonogie.

The court, subsequently, ruled in favour of the Oghiator Ruling House while Danesi, the defendant, appealed to the Court of Appeal. Judgement was delivered by the court on April 7, 2003.

Same year, Danesi appealed to the Supreme Court and, by November  27, 2007, the applicant withdrew his appeal which resulted in the dismissal of the case by the Supreme Court. Citing the lead judgement of the Court of Appeal of 2007, Justice  Ehigiamuso stated, “The stand of this court is that until the judgement  by the Court of Appeal is set aside, all purported actions taken by  either party from 1999-2007 while issues have not been decided by court  are all exercise in futility.

“To conclude then, there is no cause of action before this court as the  issues raised here have already been determined by the Court of  Appeal which judgement subsists, thereby striping this court  of the jurisdiction to adjudicate there to.”

In an earlier judgement delivered by Justice J.O. Sadoh   (ret.), then of the Edo State High Court, he gave judgement that Danesi was not qualified to be appointed as

the Aidonogie. Being dissatisfied  with the judgement, Danesi filed an

Appeal at the Benin Division of the Court of Appeal which also refused his prayer.

Expectedly, Danesi appealed to the Supreme Court and, on Nov. 27, 2007, the appeal was dismissed with N10, 000 costs awarded to each of the  respondents.

While the suits were pending in the courts, laws were passed by the  state House of Assembly regarding the said controversy.

Justice Ehigiamuso stated that such laws will not affect the suit pending in 1998 as the extant law at the time the suit was filed will determine the issues pending then and not the law of 2006.

In a related case, Justice E.F. Ikponmwen, now the Chief Judge of Edo State, in suit No: HAU/68/2000 said: “In the case at  hand, the order of the Court of Appeal is that the claimant is not the  Aidonogie of South Ibie and by his claim before this court, he is  defying the court by stating the contrary. Does he deserve an audience?

“In my humble view, he does not. That he got this far with his case is  alarming…”

It is therefore alarming to many natives of the community that Danesi is  still sitting on the throne.

Meanwhile, community leaders in South Ibie have urged Governor Godwin Obaseki to intervene to avoid possible break down of law and order in the area.

They appealed to Obaseki, “who is known for fairness and correction of wrongs in accordance with good conscience and the rule of law, to do the right thing”.

The community, through the Oghiator Branch of the Okhokho Ruling House, also urged the Obaseki administration to recognize the right candidate and present the staff of office to him in compliance with the court judgment.