Judul : Court urged to halt Benin museum's looted artifact push
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Court urged to halt Benin museum's looted artifact push
The Federal High Court has been called upon to stop the organizers of the disputed Museum of West African Contemporary Culture and Arts (MOWAA) and their representatives from setting up, launching, or running any museum in Benin City, Edo State, that handles Benin artifacts without the approval of the Oba of Benin.
The request was included among the remedies requested in a legal action initiated by a member of the Benin Traditional Council (BTC), Chief Osaro Idah (the Obazelu of the Benin Kingdom), who presented two matters for the court's decision and asked for five forms of relief.
As per a statement released by the court, the trial in the case is set for November 27, when the court is anticipated to consider the request for a temporary injunction submitted by the plaintiff.
The case, labeled FHC/B/CS/107/2025, was submitted to the Benin Branch of the Federal High Court by Chief Idah, represented by his attorney, Kelvin Mejuku from the law firm of Prof Yemi Akinseye-George (SAN) & Partners.
As per court papers reviewed in Abuja on Friday, the plaintiff argues, among other things, that the Oba of Benin, as the sole guardian of the culture, traditions, and heritage of the Benin Kingdom, is the only individual entitled to decide where the repatriated stolen artifacts and other items of Benin heritage should be placed.
The individuals named as defendants in the lawsuit include the Museum of West African Arts LTD/GTD and the National Commission for Museums and Monuments (NCMM).
The applicant requests the court to recognize that, based on the Federal Government's notice outlined 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 Artefacts in the Oba of Benin Kingdom," issued on March 23, 2023, the Oba of Benin holds responsibility for the culture, traditions, and heritage of the Benin Kingdom and its people.
He equally seeks a declaration that, based on the Federal Government's notice outlined in Order No. 1 of 2023, the first defendant—the founders and managers of the Museum of West African Contemporary Culture and Arts situated in Benin City—must obtain the approval of the Oba of Benin, the sole guardian of Benin's culture and arts, to display Benin artifacts along with other collections in the museum.
Chief Idah is also asking the court to rule that the defendants are not allowed to secretly associate with or utilize the name, title, or throne of the Oba of Benin, without the Oba's permission, in order to seek endorsements, money, or support both inside and outside Nigeria for their claimed interests in Benin artifacts and objects, with the aim of setting up or running a museum in Benin City.
The applicant also seeks the court to issue a permanent injunction preventing the defendants, their employees, associates, or representatives from setting up, opening, or running any museum in Benin City, Edo State, which deals with Benin artifacts without the approval of the Oba of Benin.
Chief Idah mentioned in a supporting affidavit that the Benin artifacts belong to the cultural legacy of the Benin Kingdom, crafted by its ancestors and predecessors according to the traditional customs and rituals of the kingdom.
They do not belong to any private corporate entity that was not established by the Benin Kingdom. The people of the Benin Kingdom and other relevant parties, particularly the Benin Dialogue Group, have supported the establishment of the Benin Royal Museum inside the palace during various meetings, as well as approved the Oba Ewuare II Foundation for raising funds and handling necessary administrative tasks.
"It was on the basis of the aforementioned that the Oba of Benin urged the Federal Government to assume responsibility for these artifacts on behalf of the palace until the Benin Royal Museum was prepared to house them," he stated.
Chief Idah also mentioned that, according to the Federal Government's notice outlined in Order No. 1 of 2023, the Oba of Benin was acknowledged as the only owner, bearing full responsibility for the custody and administration of Benin artifacts.
He mentioned that the official publication released by the Federal Government under the 2023 directive did not account for a scenario where any of the repatriated Benin artifacts might be taken or stolen from the possession of the Oba of Benin and placed under the care of a privately run museum or included in the holdings of any private organization or museum, such as MOWAA or an NGO-run museum.
The applicant mentioned that the Edo State Government in 2024 reinstated the Oba of Benin's complete legal rights as the guardian of the culture, customs, and heritage of the Benin Kingdom and its people, along with his possession and title to the stolen or looted artifacts and other artistic works.
Unfortunately, certain artifacts have recently ended up in a private museum called the Museum of West African Contemporary Culture and Arts (MOWAA), situated in Benin City and managed by the first defendant, without the approval of the Oba of Benin.
This behavior by the first defendant is highly provocative, confrontational, and intended to challenge the legitimate authority of our monarch. The sole authority and right of the Oba has been established through a legal document called the Notice of Presidential Declaration, which is an order that grants the Oba of the Benin Kingdom custody and management of repatriated stolen Benin artifacts.
The creation of a private or public-private museum, known as the Museum of West African Culture and Arts (MOWAA), in Benin City by the defendant together with the second defendant, without considering the sovereign power of our Oba over Benin culture and arts, constitutes not only an infringement of the traditional laws of the Benin Kingdom but also shows disrespect to the esteemed palace authority.
The unconventional action taken by the first defendant in advocating for MOWAA to function in Benin City, right under the Oba's authority yet without the palace's approval, is generating significant concern, public disturbance, and provocation, endangering the stability of the Benin Kingdom.
"This advancement contradicts the declaration by the Edo State Government in reinstating all legal rights of His Royal Majesty, Oba Ewuare II, regarding the artifacts of the Benin Kingdom," Chief Idah stated.
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