The Federal High Court has been urged to stop promoters of the controversial Museum of West African Contemporary Culture and Arts (MOWAA) and their agents from establishing, opening or operating any museum in Benin City, Edo State.
The court was asked to stop them from dealing with Benin artifacts without the consent of the Oba of Benin.
The request formed part of the reliefs being sought in a suit a suit filed by a member of the Benin Traditional Council, Chief Osaro Idah (the Obazelu of Benin Kingdom), in which he raised two issues for the court’s determination and is seeking five reliefs.
According to a notice issued by the court, hearing in the suit has been scheduled for November 27 during which the court is expected to hear the motion for interlocutory injunction filed by the claimant.
The suit, marked: FHC/B/CS/107/2025 was filed before the Benin division of the Federal High Court by Chief Idah, through his lawyer, Kelvin Mejuku of the firm of Prof Yemi Akinseye-George (SAN) & Partners.
According to court document, the claimant is contending among others, that the Oba of Benin, being the sole custodian of the culture, tradition and heritage of the Benin Kingdom, is the only rightful person to determine where the returned looted artifacts and other items of Benin heritage should be kept.
Defendants in the suit are Museum of West African Arts LTD/GTD and the National Commission for Museums and Monuments (NCMM).
The claimant wants the court to declare that by virtue of the Federal Government’s notice contained in 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 Artifacts in the Oba of Benin Kingdom,” dated March 23, 2023, the Oba of Benin is the custodian, of the culture, tradition and heritage of the Benin Kingdom and people.
He equally wants a declaration that by virtue of the said Federal Government’s notice contained in Order No.1 of 2023, the first defendant/the founders and operators of the Museum of West African Contemporary Culture and Arts, located in Benin City require the consent of the Oba of Benin, the sole custodian of Benin culture and arts, to hold Benin artifacts amongst other collections in the museum.
Chief Idah is also urging the court to declare that the Defendants cannot surreptitiously identify with and or deploy or use the name, title and or the throne of the Oba of Benin, without the consent of the Oba, to solicit for endorsements, unds and or support within and outside Nigeria for prosecution of their purported interests in Benin artifacts and objects for the purposes of establishing or maintaining a museum in Benin City.
The claimant equally wants the court to issue an order of perpetual injunction restraining the defendants their servants, privies or agents from establishing, opening and operating any museum in Benin City, Edo dealing with Benin artefacts without the consent of the Oba of Benin.
Chief Idah stated, in a supporting affidavit, that the Benin artifacts are the cultural heritage of the Benin Kingdom created by its ancestors and forefathers within the traditional norms and rites of the kingdom.
“They are not property of any private corporate entity that is not a creation of the Benin kingdom.
“The people of Benin kingdom and other stakeholders especially Benin Dialogue Group, had at different meetings endorsed the Benin Royal Museum to be built within the palace, as well as endorsing the Oba Ewuare II Foundation for fund raising and other requisite administration processes.
“It was based on the above that the Oba of Benin prevailed on the Federal Government to take custody of these artifacts on behalf of the palace until the Benin Royal Museum was ready for their collection,” he said.
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