On April 29, 2022, Edo State Government through Attorney-General and Commissioner for Justice, Mr Oluwole Iyamu (SAN) filed a ‘nolle prosequi’ indicating inability to proceed with criminal charges it initially instituted against His Imperial Majesty, Rich Arisco Osemwingie and one other member of the Ogiamien Royal Dynasty of Utantan, Benin City.
The criminal charges were initially filed against the head of the Royal Dynasty for allegedly violating the Edo State Traditional Rulers and Chiefs Law when he was proclaimed the Ogiamien of Utantan Kingdom in the ancient city without recourse or approval of the Oba of Benin.
Ordinarily, with the dropping of the charges, Palace Watchers would have thought, this matter has been put to rest finally. Sadly, that is not the case, the unfolding drama has indicated that the least is yet to be heard, as both parties in this drama are still warming up for more contestation.
On Thursday, June 23, 2022, 14 Benin High-ranking Chiefs and Enogies (Dukes) in a statement read by the Traditional Prime Minister of Benin Kingdom, Chief Sam Igbe, said, “The Oba of Benin, Oba Ewuare II, said that Mr Rich Arisco Osemwingie, has committed a sacrilegious offence against the Benin customs and traditions for unlawfully crowning himself as Ogiamien of Benin Kingdom, a Chieftaincy title in the Benin royal stool and he is thus adjudged an enemy of the Benin palace and the Binis in general.”
Other Benin Chiefs present at the press conference were Chief D.U. Edebiri, who is the Esogban of Benin, Chief M.N.O. Ozigbo-Esere, Osuma of Benin and eleven other Chiefs of the Benin palace.
The statement reads: “This conference is called by the Chiefs and Enigies in Benin Kingdom of the seven Local Government Areas of Edo State namely Oredo, Ikpoba-Okha, Egor, Ovia North East, Ovia South West, Orhionmwon and Ununwode.
Mr Rich Arisco Osemwingie’s criminal charges are as follows:
“The recent publications from the Office of the Edo State Attorney-General and Commissioner for Justice with regard to the Edo State withdrawal of the criminal case against one, Mr Rich Arisco Osemwingie and one other necessitated this Press Conference. We would have responded long before now, but restrained for reason of contempt of court. Now that the case has been withdrawn, we decided to address the public via this press conference.
“The Binis, both at home and in Diaspora have been very angry over the withdrawal of the criminal case against the said, Rich Arisco Osemwingie and one other.
“We want to state categorically, that the said Mr Rich Arisco Osemwingie is not Ogiamien. He has no locus standi to claim or be addressed as Ogiamien neither has he any right to the title of Ogiamien of Benin Kingdom. We are told that his relationship with the Ogiamien family is maternal and not paternal; hence he has no right to, or say, is holding the Ogiamien Chieftaincy title.
“We the Benin Chiefs and Enigies are very much aware of Chief Osarobo Ogiamen, the Ogiamien of Benin Kingdom, who is a member of the Uzama N’Ibie at the Oba of Benin Palace. Chief Osarobo Ogiamen is the existing Ogiamen of Benin Kingdom because the family of Ogiamien has not informed the Palace of his demise.
“However, the Press Statement by the Office of the Edo State Attorney-General and Commissioner for Justice, which was published on Tuesday, 21st June 2022 in connection with the withdrawal of the criminal case against Mr Rich Arisco Osemwingie and one other has empowered us to speak on the issue since there is no longer a case in court.
“The Benin Chiefs and Enigies noted that there was no proper consultation with the Oba of Benin Palace before the withdrawal of the criminal case.”
The Ogiamien in a statement dated 24th June 2022, signed by High Chief Monday Wehere JP, the Director of Publication and External Affairs dismissed the press conference and statement by the Benin Chiefs and Enigies, as mere ranting, saying they are minors in matters like this, and as such have no locus standi to talk about our revered King, His Imperial Majesty, Rich Arisco Osemwengie JP, OOS, the current 24th Ogiamien of Benin (Utantan). High Chief Wehere said joining issues with the Benin Chiefs in this matter will make them look relevant, as the Ogiamien Royal Stool has similar categories of Chiefs and Enigies in the Utantan Traditional Council.
“The Great Ogiamen Royal Dynasty has given the Chiefs and Enigies 24 hours to withdraw the apology they requested Ogiamien Rich Arisco Osemwengie to tender, failing which we will invoke our ancestors on the Chiefs and Enigies from the Oba of Benin Palace. Saying traditional tenants like the Chiefs in question, have no right to challenge their landlord, thus reminding them of the renowned historian, Professor P.A. Igbafe comments in his book, Benin Under Colonial Administration, which stated that “The belief that land belongs to the Oba is a mistaken conception of the theory of Benin land tenure system. In reality, it is difficult to see how they could make such claims vis-à-vis the customary presents which each Oba sent to the Ogiamien on occasion in acknowledgement of the permission granted to the founder of the present dynasty to settle on a foreign soil.”
On Tuesday, June 21, 2022, in a published statement entitled; Statement by the Office of the Attorney-General and Commissioner for Justice, Edo State, Regarding the Ogiamien Chieftaincy and Matters Related Thereto” which was published by the Edo State Government.
The state government said, “It has been brought to the notice of this office that a controversy appears to have arisen (or being manufactured) arising from the recent exercise of the powers of my office in exercising nolle prosequi (or withdrawal of a criminal charge) in Charge No. MOR/148C/2015.
“In order to set the records straight and prevent people with a political agenda from misrepresenting the facts as they relate to this matter, it is necessary to recount the sequence of events that led to the current situation.
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“Sometime in 2015, during a period of traditional transition in the Benin Kingdom, a certain Rich Arisco Osemwingie made claims in various newspapers and other electronic media to be an alternate Traditional Ruler within the Benin Kingdom and described himself as ‘Emperor of Utantan Kingdom of Benin.’
“The same claimant followed up this act by instituting an action at the High Court against (amongst others) the Benin Traditional Council, the Edo State Government and other traditional authorities in the Benin Kingdom, with a view to securing a court order to restrain the coronation of His Majesty, Oba Ewuare II as the Oba of Benin.
“It was my duty, honour and privilege as the Solicitor-General of Edo State and a Senior Advocate of Nigeria (SAN) to work alongside other Senior Counsel of Edo extraction, who successfully combated and ultimately defeated this claim right up to the Supreme Court of Nigeria. The cost of the litigation was borne by the Edo State Government.
“As a corollary to the then ongoing civil claim in 2015, the Ministry of Justice through the Office of the Director of Public Prosecutions filed charge No. MOR/148C/2015 against the said Rich Arisco Osemwingie for the misdemeanour offence (as provided in the Traditional Rulers and Chiefs Law) of claiming or allowing himself to be referred to as a Traditional Ruler not having received the sanction of the law or recognition of the authorities to that effect.
“The purpose of the said criminal charge filed in 2015 was to bring maximum pressure to bear on the said Rich Arisco Osemwingie regarding the escapade he had embarked upon which we deemed at that time to be a clear and present danger to the peace and tranquillity of Benin and the entire state.
“With the eventual dismissal of Rich Arisco Osemwingie’s claim by the Supreme Court, there no longer existed any legitimacy whatsoever for the claim of being a traditional ruler which had previously been sued by the said Rich Arisco allegedly on behalf of the Ogiamien Chieftaincy Family of Benin.
“Furthermore, by a letter dated 4th of April, 2022 (seven years after the institution of the charge), the said Rich Arisco Osemwingie wrote to my office formally and without reservations, renounced all claims of co-sovereignty with His Majesty, the Oba of Benin and vowed to “maintain cordial relationship for the peaceful development of Benin Kingdom and put an end to the legal tussles in various Courts.”
“In response to the said renunciation letter, I came to the considered view that the prosecution in Suit No. MOR/148C/2015 served no further public policy purpose and therefore exercised my powers under the Constitution to put an end to the same.
“It must be noted that a withdrawal of a charge by the Attorney-General on grounds of public policy does not amount to an acquittal in respect of the charge in question and cannot be a bar to future prosecution if the subject either fails in his undertaking or continues in the commission of the offence.
“For the education of those who might not be aware, the PARMOUNT TRADITIONAL RULER in the seven Local Government Areas which make up Edo South Senatorial District is our revered monarch, His Majesty, Omo N’Oba N’Edo Uku Akpolokpolo, Oba Ewuare II, the Oba of Benin.
“It is not and has not hitherto been the duty or responsibility of the Government to appoint or recognize Chiefs within the Benin Kingdom outside the prescribed authority of the Royal Palace of Benin.”
The statement concluded, “The Edo State Government, therefore, has no recognized role in the appointment and activities of anyone claiming to be a Chief.
“At the risk of repulsion, that is entirely a traditional and cultural matter within the domestic authority of the Royal Palace of the Benin Kingdom.
“This office will therefore appeal to all persons seeking to project an impression of conflict between the Government and the Palace on this issue and or any other issue for that matter to find other avenues to exercise their energy and imagination, as this office has absolutely no intention, desire or even legal responsibility in that regard.”
The press statement was signed Oluwole Osamudiame Iyamu, SAN. Honourable Attorney-General and Commissioner for Justice, Edo State.
The Ogiamien Royal Dynasty of Benin in a rebuttal entitled “Re: Statement by the Office of the Honourable Attorney-General and Commissioner for Justice, Edo State, regarding the Ogiamien Chieftaincy and matters related thereto” signed by High Chief Monday Wehere JP, dated 23rd June 2022, the Ogiamiens took their time to respond to all the issues raised in the Benin Chiefs press statement.
“Our attention has been drawn to the publication dated Tuesday, June 22, 2022, where the office of the Attorney-General and Commissioner for Justice, Edo State, regarding the Ogiamien Chieftaincy and matters related thereto and wish to react as follows:
Ordinarily, we would have ignored the publication under reference for two reasons,
1-Since the Edo State Government had already entered Nolle Prosequi on our behalf (or withdrawal of a criminal charge in Charge No. MOR/148C/2015;
2-For the fact that in your capacity as the Attorney-General and Commissioner for Justice, you spoke not on behalf of the Edo State Government, which already granted us the waiver but seeing the many lies, falsehoods and deliberate distortions of facts as displayed in the publication under reference whilst recounting the sequence of events that led to the current situation, we have decided to react to keep the records straight.
“There was never a time our King, Ogiamien Rich Arisco Osemwengie JP, made claims in various newspapers and other electronic media to be an alternate Traditional Ruler within the Benin Kingdom and described himself as Emperor of Utantan Kingdom of Benin, rather we installed him as Ogiamien of Utatan, which is in line with the provision of the Midwestern State of Nigeria Gazette No. 59 Vol.5 and M.S.L.N. No.37 dated 7th day of November 1968 tied to the Constitution of the Federal Republic of Nigeria, Constitution (Suspension and Modification) Decree, 1966 Chiefs Law (CAP 19), which is also protected by Party V Sections 38 and 39 of the Bendel State Traditional Rulers and Chief Edict of 1979 now applicable in Edo State.
“In addition, prior to these Legal Instruments, the Great Ogiamien Title/Ogiamien Royal Palace had been gazetted as a national monument by the Colonial Masters in 1959 and handed over to the Federal Government of Nigeria during the Independence in 1960.
“The Ogiamien title, therefore, is not only statutory but a legal instrument exclusively preserved and is the prerogative of the Great Ogiamien Royal Dynasty. All the 24th Ogiamiens we have installed from inception to date, we have never taken permission from any person be it the state government or any traditional ruler.
“In January 2010, in his response to our letter dated 15th March 2010, through the Oba of Benin Palace Secretary, Mr Frank Irabor, Benin Traditional Council, Oba Erediauwa admitted and wrote, “To the best of our knowledge, the title (Ogiamien) has not been taken from your family.” In the same letter under reference, he addressed Pa. Edwin Ogbomo Ogiamien as Ezomo of Utantan. The same letter was rooted in the Ogiamien Palace, Ogiamien Quarters in Benin City. With this, Oba Erediauwa thus confirmed the existence of Utantan, Ogiamien Stool and Ogiamien quarters located inside Utantan quarters in Benin City.
“All the above are the creation of the Ekokpagha Treaty, which the Ogiamien and the Oba of Benin signed centuries ago. This particular letter in reference, therefore speaks volumes and exposes your weakness in this matter; your poor knowledge of the true history and position of the Great Ogiamien Royal Dynasty in Benin. So we would like to counsel you to tread with caution, thus your allegation that our king claimed to be an alternate Traditional Ruler within the Benin Kingdom and that he described himself as Emperor of Utantan Kingdom of Benin, therefore, is false and unsubstantiated. To us, this is a deliberate attempt to distort facts and history to continue to deceive the public.”
Contained in the petition the present Oba of Benin, Oba Ewuare II, did then to the Edo State Commissioner of Police, he wrote “That we have no right anymore to install our King and that the title of Ogiamien has been taken by the Benin Palace without our knowledge and that as such we have committed a criminal offence, and therefore sent our King and his brother to Oko prison in Benin for an offence they did not commit.
“During this period, they made it very difficult for the Ogiamien family to secure the bail of their king and his Traditional Prime Minister. We had to go to a High Court to secure their release from prison. While this particular drama was ongoing, the process, the coronation plans of Oba Ewuare II was in progress and the Oba was quoted as saying that he will circumvent the Ekiokpagha Treaty which has been an age-long practise by previous Obas of Benin. This we objected to then and now. In the process, we secured a court order to restrain the coronation and the Appeal Court granted us the relief asking us to, however, maintain the status quo, which we did. But sadly, the former Governor, Adams Oshiomole’s administration in spite of this court order, still went ahead in defiance of the court order and installed Oba Ewuare II as Oba of Benin.”
Having disobeyed the court order, which had earlier stipulated, that the ‘Status quo ante” be maintained in this matter, the Edo State Government then, still went ahead to install Oba Ewuare II, as the Oba of Benin, and as such, the matter did not go beyond this stage then.
In accordance with the 1959 Colonial Master Edict handed over to the Federal Government of Nigeria in the year 1960, when the country gained independence, and subsequently to the then Midwestern State of Nigeria in Gazette No. 59 Vol.5 and M.S.L.N. No. 37 dated 7th day of November 1968 tied to the constitution (Suspension and Modification) Decree, 1966 Chiefs Law (CAP 19), which is also protected by Part V Sections 38 and 39 of the Bendel State Traditional Rulers and Chief Edict of 1979, Ogiamien Title/Ogiamien Royal Palace were already statutory and legal instruments, then under which law the Office of the Director of Public Prosecutions, filed Charge NO. MOR/148C/2015 against the said, Rich Arisco Osemwengie for the alleged misdemeanour or offence.
We would want it to be on record that we did not install our King as the Oba of Benin, rather Ogiamien of Utantan was installed in accordance with the Ekiokpagha treaty and in line with the 1959 Federal Government Gazette and the 1968 Midwestern State Edict. If one may ask, how did this present danger to the peace and tranquillity of Benin and the entire Edo State, using the Honourable Edo State A.G.’s words?
There was never a time the Supreme Court dismissed our claims rather when we filed a motion for additional information, there was a typographical error of Appeal Court, our attention was drawn to it, and we withdrew our motion to enable us re-file the motion and the Supreme Court as it is the practice in law, struck out the application for the additional motion to be filed appropriately. We have since last year re-filed the additional motion and have been given dates for the hearing before the Edo State Government came into the matter.
We would want it to be on records, that the letter dated 4th April 2022, earlier on referred to by the Edo State A.G. is hereby reproduced below for all to see, there was nowhere in that particular undertaken, our King admitted that Ogiamien was a Chief under the Oba of Benin. We would want to ask the Edo State Attorney-General why did he accept this undertaking before filling the nolle prosequi?
Furthermore, in the Edo State A.G. acceptance letter dated 13th April 2022, on page 2, (items A) he ordered our King to revert to his official statutory position as the Ogiamien of Benin, which is in line with the 1968 Edict and the provision of his renunciation letter.
“MEMORANDUM OF UNDERTAKEN OF THE OFFICE OF THE OGIAMIEN OF UTANTAN KINGDOM VIS-À-VIS THE PALACE OF THE OBA OF BENIN. IN CHARGE NO MOR/148C/2015, COMMISSIONER OF POLICE VS. RICH ARISCO OSEMWENGIE AND PATRICK OSABUOHIEN.
1-Hon. Rich Arisco Osemwengie JP, the Ogiamien of Utantan Kingdom hereby states clearly that I am the Ogiamien of Utantan Kingdom hereby stated clearly that I am the Ogiamien of Utantan Kingdom of Edo State and not the Oba of Benin.
The title of Oba of Benin belongs to the Oba of Benin Royal Family while the Ogiamien of Utantan Kingdom belongs to the Great Ogiamien Royal Family.
As the Ogiamien of Utantan Kingdom, I am not in competition with the Oba of Benin. The Oba of Benin and the Ogiamien of Utantan have lived peacefully for centuries without any rancour and I pledge to maintain that cordial relationship for the peaceful development of the Benin Kingdom to put to an end all the legal tussles in various courts. I have decided to write this letter to you as the Chief Law Officer of the state so that the issues in the above-mentioned case can be resolved.
Thanks, Hon. Rich Arisco Osemwengie (JP), the Ogiamien of Utantan.
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