By Obinna Uballa
The Federal High Court has fixed November 27 for the hearing of a suit seeking judicial confirmation of the Oba of Benin as the sole authority empowered to determine the custody and location of all repatriated Benin artefacts returned to Edo State.
The suit, marked FHC/B/CS/107/2025, was filed by Chief Osaro Idah, the Obazelu of Benin Kingdom and member of the Benin Traditional Council (BTC). He is asking the court to issue a perpetual injunction restraining the Museum of West African Arts Ltd/Gte (MOWAA) and the National Commission for Museums and Monuments (NCMM) from establishing, opening, or operating any museum in Edo State that deals with Benin artefacts without the express consent of the Oba.
The claimant also seeks an order stopping the promoters of the Museum of West African Contemporary Culture and Arts from handling any Benin artefacts or fundraising for such purposes without approval from the palace.
Represented by his lawyer, Mr Kelvin Mejuku, Chief Idah argues that the Oba of Benin, as the recognised custodian of Benin culture, tradition and heritage, is the only authority with the lawful right to decide where returned looted artefacts should be domiciled.
He is relying on Order No. 1 of 2023, titled “Notice of Presidential Declaration on the Recognition of Ownership, and an Order Vesting Custody and Management of Repatriated Looted Benin Artefacts in the Oba of Benin Kingdom,” issued on March 23, 2023. According to him, the decree legally affirms the Oba’s authority over all Benin artefacts and their management.
The claimant also seeks a declaration that MOWAA and its operators require the Oba’s consent to hold or display Benin artefacts, and that they cannot use the Oba’s name, title or throne—directly or indirectly—to solicit endorsements, funds or international support without palace approval.
In a supporting affidavit, Chief Idah stressed that Benin artefacts were created by forebears of the kingdom under strict traditional norms and rites, and therefore cannot be appropriated by private entities.
He claimed that the Benin Dialogue Group and other stakeholders had previously endorsed the Benin Royal Museum—planned within the palace precincts—as the proper home for the returned pieces. According to him, this was the basis on which the Oba encouraged the Federal Government to temporarily hold the artefacts until the museum was completed.
The claimant noted that subsequent to Order No. 1 of 2023, the Edo State Government restored the Oba’s full statutory rights over Benin cultural heritage, including the right to custody of repatriated artworks.
However, he alleged that some of the returned artefacts have already been diverted into MOWAA, a privately operated museum in Benin City, without the Oba’s consent. He described the move as “provocative, confrontational, and calculated to undermine the lawful authority of our monarch.”
He argued that the establishment and promotion of MOWAA in collaboration with NCMM, without reference to the Oba’s sovereignty over Benin culture, violates customary law and threatens the peace of the kingdom.
Chief Idah insists that the ongoing activities of the defendants are “spiteful of the authority of the revered palace” and are causing serious unease and public tension in Benin City.
Hearing continues on November 27.
