An Edo State Customary Court sitting in Okada has declared the Odionwere (headship) position of Ikpako Community, Ovia North East Local Government Area vacant.
The court's order followed a suit by the elders on behalf of the people of Ikpako in which they sought its declaration of the position of Odionwere presently occupied by Mr James Ailegboze vacant.
In suit No.ONEACC/2/2923, the claimants, Osamwonyi Isaac, James Ayeta, Monday Osarennotor, Clifford Osayande, John Ekhuomakhuokho and John Obasaye, who sued on behalf of the village, also urged the court to order the defendants to account for over N71 million belonging to the village which they allegedly misappropriated.
The defendants included, James Allegboze, Aghomwantiti Godspower, Samuel Igbineweka, Alfred Oteghile and Dubri oil Company.
The claimants in the suit, said that the elders and indigenes of Ikpako had unanimously passed a vote of no confidence on the Odionwere over allegations of commission of sacrilege and corruption, adding that they had consequently placed the Ukhure (traditional staff of office) at the Oguedion (village court) on the floor, signifying the death of the Odionwere, an action which made them to approach the court to declare the seat vacant at the expiration of the traditional mourning period of three years of the death of an Odionwere.
The first defendant, (Ailegboze),who however, denied the allegations urged the court to dismiss the claimants' requests and to compel them to stand the ukhure upright at the Oguedion as directed by the Palace of the Oba of Benin, Omo N'Oba Ewuare II.
A certified copy of the judgment, signed by the three-member court presided over by its President, Mr B.E. Imohimi, granted two of the claimants' three reliefs.
The President, Mr B.E Imohimi, who read the judgment on behalf of the other two members, Mr. D N. Iyalekhue and Mr. O C. Omoregbe, averred that they were satisfied with testimonies and exhibits presented by the plaintiffs' witnesses as regards the vacant headship's position.
Imohimi declared: "An Ukhure symbolises authority. It can be likened to a mace in a legislative house. In the case of the Benins, an Ukhure also symbolises or signifies that the occupier of the most senior position of authority in a gentroncratic setting, is alive and functioning.
"Thus, it is said that when that occupier of authority in a community dies, the ukhure is made to lie prostrate and not to function until another odionwere is installed.
"No decision taken outside the oguedion is binding as the oguedion is the seat of power and authority of the elders -in-council headed by an odionwere."
The President of the court continued: "According to him, amongst the Benins, a variety of acts and actions can constitute atrocious or sacrilegious offences which could warrant the suspension or expulsion of an odionwere altogether.
"Such suspension usually takes various forms. It could be a general decision of the elders council that he is ostracised or banished for a period of time (called Amuomwan aburo in Benin).
"It could be in the form of not allowing him to perform certain functions such as heading committees in which monies or finances are involved.
"Not allowing him to unilaterally take decisions as he was accustomed to in the past, not allowing him to sit or preside at meetings in oguedion.
"In view of the foregoing, we hereby declare that the indefinite suspension of the first defendant by virtue of the vote of no confidence passed on him by members and indigenes of Ikpako community.
"And by the virtue of laying flat the ukhure on the oguedion by the claimants is not only perpetual but amounts to a decision of the vacancy of the seat, position and place of the odionwere of Ikpako. And this amounts to cessation or end of the odionwereship of the first defendant over Ikpako community."
The president further held that the failure of the defendants to produce evidence of the alleged Palace instructions and inability of any Palace functionary to give evidence and substantiate their claim in that regard was fatal to their case.
The court ordered the first to third defendants to account for N7.450 million belonging to Ikpako community, being the total sum unaccounted for just as the fourth defendant, Dubri oil Company was directed and/or mandated to start paying all monies in the name of Ikpako/Ekenwan community to a designated bank account.
In view of the sacred and indisputable facts that nature and tradition abhor vacuum, the court further ruled that the oldest member and who is an indigene of the community should automatically be made the Odionwere after the necessary traditional ceremonies have been performed
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