In a decisive ruling that reaffirms centuries of tradition and legal precedent, the Delta State High Court has confirmed HRM Obi Ifechukwude Okonjo as custodian of Ogwashi-Uku land
The court presided over by Justice H.O. Akpotohwo delivered the judgment on Tuesday in a in suit No: 0/50/2021 between HRM Obi (Dr) Ifechukwude Aninshi Okonjo II, the Obi of Ogwashi-Uku and PWAN Group, its Chairman Dr. Austin Onwunmere, and several others.
In her judgment, the court made far-reaching declarations that have further clarified the land tenure system in Ogwashi-Uku.
“That subject to the Land Use Act, 1978, the Obi of Ogwashi-Uku is the overlord, manager, and custodian of all lands within Ogwashi-Uku Kingdom, including the lands in dispute.
“That any purported sale or alienation of the lands behind the Delta State Polytechnic or land in Ogwashi-Uku without the express consent of the Obi is null, void, and of no legal effect whatsoever.
“That the defendants and any other persons cannot sell, mortgage, develop, advertise, or otherwise appropriate the lands in dispute or any portion of land in Ogwashi-Uku without first obtaining the consent of the Obi and that the entry, occupation, and attempted sale of the said lands in dispute or any other lands in Ogwashi-Uku without the Obi’s approval amounted to trespass” she declared.
The court in addition granted an order of perpetual injunction restraining the defendants, their agents, cohorts, or assigns from engaging in further trespass, sales, advertisement, or development of any behind the Delta State Polytechnic, in Edo Ogwashi-Uku or any land in Ogwashi-Uku without the express consent and/or approval of the monarch and also awarded N20 million in general damages against the defendants for trespass and unauthorized dealings on Ogwashi-Uku communal land.
Speaking after the judgment, Obi Okonjo expressed deep satisfaction after four years of trial.
The Obi who spoke through the Palace Secretary, Prince Ifeakanachukwu Emordi said, “We are grateful for this clear and courageous decision by the Delta State High Court.
“This judgment sends a strong message to those who attempt to grab land and circumvent our traditional institutions. The Obi holds the land of Ogwashi-Uku in trust for the people, and any attempt to deal with our communal lands without his approval is illegal, illegitimate, and will be challenged in the courts.”
He further advised all individuals and corporate bodies to cease their brazen rape of Ogwashi-Uku lands and to follow due process by obtaining the required consent of the Obi, and warned that the Palace would continue to take legal action against unauthorized land dealers who seek to dispossess the community of its heritage.
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