How Supreme Court resolved 27 years kingship tussle in Edo
Last week, the Nigeria Supreme Court ended the 27 years old kingship tussle in Ewu community, Esan Central Local Government Area of Edo State. It was a tussle between the eldest surviving first son, Prince Jafaru and Prince Razaq, a grand son of late IseseleOjiefo II, the Onojie of Ewu Kingdom who died in 1997.
Before the death of Ojiefo II in August 1997, his eldest son, the heir apparent, Prince Yusuf Ojeifo, died in April 1997. The task of burying the late king fell on his next son, Jafaru.
Jafaru buried his father as tradition and customs demand as the eldest surviving son.
Confusion ensued after the burial as the royal family and High Chiefs were divided. Succession to the throne is by promogeniture. Some sided Prince Rasaq, the grandson, to become the King as his late father was named the heir apparent but others said Prince Jafaru was the rightful person to be crowned as the surviving eldest son. Those that backed Jafaru said it was negation of the custom and tradition for a grandson to bury the late King when a son is alive.
A legal tussle ensued as a suit was filed at the High Court in 1998 by those who recognised Prince Rasaq as the rightful heir to takeover the throne. Others who backed Prince Jafaru argued that a government gazette recognised the eldest surviving son to survive a late king after performing the burial ceremony.
Prince Jafaru was victorious at the lower court but he was not presented with the staff of office. In 2004, the Edo State Government presented the staff of office to Prince Rasaq but lawyers to Jafaru filed a counter motion and the action was nullified by the court. In 2005, Jafaru was declared legitimate successor to the royal throne of Ewu.
Not satisfied with the court’s decision, Prince Rasaq proceeded to the Court of Appeal. It was not until February 14th, 2014 that the appellate court confirmed Jafaru as rightful and legitimate Onojie of Ewu Kingdom.
It was after the Court of Appeal ruling that the Esan Central Traditional Council met and resolved that the financial entitlements due to the stool of the Onojie of Ewu be kept in an escrow account. The council resolved no to pay the money to Prince Ojiefo until the matter is resolved by the Supreme Court. Prince Razaq, however, continued to perform the role of Onojie of Ewu.
However, 10 years after the Appeal Court ruling, the Supreme Court delivered its verdict and affirmed HRH Jafaru Isesele as the rightful Onojie Of Ewu.
In a unanimous judgement delivered by Justice Emmanuel Akomaye Agim, the apex court upheld submissions by Counsel to Prince Jafaru, K.O. Obamogie.
The court held that only a surviving eldest son could succeed the father and not a grandson. It said the evidence provided by the Counsel spelt out that succession to the Ewu royal stool was from father to eldest surviving son and not from father to grandson.
Justice Agim held that Prince Rasaq lost out in the line of succession because his father predeceased his grandfather, late Onojie of Ewu. He said the death of Prince Rasaq’s father paved way for Prince Jafaru to be the next in line to be Onojie of Ewu.
The court dismissed the appeal by Price Rasaq and awarded N2m as cost against him.
Obamogie, in an interview, said the apex court upheld the ruling of the lower court that succession to Ewu throne remained from father to eldest son and also affirmed Prince Rasaq as an impostor who has not right to the throne.
In an earlier interview, Prince Jafaru said Ewu has not been the same for a very long time now.
“The land has lost so much politically, economically and socially and things have not been going well in the land. The people were not happy at all but with this judgment there is relief and joy has returned to the kingdom. Their joy is that the truth prevailed in the long run.
“The first thing is to reconcile the people. Like I said, we have lost so much, socially, politically and economically. The first thing is to bring the entire community together so that we can forge ahead in the scheme of things. I will ensure that everybody come together. No victor no vanquished.”
