_By Hon Desmond Ugbo_

In the ongoing legal tussle between the embattled Enigie and the Oba of Benin Kingdom, several intricate details have come to light calling for a closer examination of the situation.

Prof. Edoba Omoregie (SAN) sheds light on the various gaps in the narrative surrounding the conflict and provides a legal perspective on the matter.

Key Points Highlighted by Prof. Edoba Omoregie:

1. The Traditional Rulers and Chiefs Law (TRCL) of 1979 is not obsolete and continues to be in operation as part of the Laws of Edo State, forming an integral part of the state’s legal framework.

2. The TRCL does not grant the State Government the authority to create Traditional Councils and appoint Enigie, who are traditional chiefs, as heads of these councils, as done by Governor Obaseki with the establishment of seven new Traditional Councils in Edo South.

3. Section 45(1) of the TRCL empowers the executive council of the state to create Traditional Councils for each local government area, with Section 45(2) stipulating that such councils must be led by traditional rulers.

4. The TRCL designates the Benin Traditional Council (BTC) as the overarching authority across the seven local government areas in Edo South, with the Oba serving as the sole traditional ruler in the region and the President of the BTC.

5. The hierarchy of traditional chiefs is clearly delineated in the TRCL, with Enigie positioned as traditional chiefs in the lower echelons of the hierarchy under the authority of the Oba of Benin.

6. The Enigie’s legal standing as traditional chiefs appointed by the Oba and recognized by the state government underscores the Oba’s authority to suspend errant chiefs, including the Enigie, as per customary law and TRCL provisions.

7. The premise of the Enigie’s lawsuit challenging the Oba’s power to suspend them and asserting that only the state government holds such authority is deemed unfounded and lacks legal merit.

8. The State Government’s disavowal of involvement in the conflict is viewed as an attempt to obfuscate the facts, given its filing of processes in a related lawsuit contesting the suspension of Enigie on grounds that contravene the TRCL.

9. The State Government’s purported ignorance of the Oba’s power to suspend chiefs reflects a selective interpretation of the law and an evasion of its accountability in the matter.

10. Despite attempts by the State Government to distance itself from the dispute, the underlying issues remain transparent, revealing a complex interplay of legal interpretations, power dynamics, and historical hierarchies within the Benin Kingdom’s traditional framework.

In conclusion, Prof. Edoba Omoregie’s insights offer a comprehensive analysis of the legal intricacies surrounding the conflict between the Enigie and the Oba of Benin Kingdom, shedding light on the fundamental principles delineated in the TRCL and exposing the underlying tensions and power struggles at play in this evolving legal saga.