Benin Artefacts: Court fixes Nov 27 to hear dispute over right of custody

The Federal High Court has slated November 27 to hear a suit seeking to declare the Oba of Benin as the rightful person to determine where looted artefacts that were returned back to Edo state should be kept.

The suit, marked FHC/B/CS/107/2025, equally wants the court to issue an order of perpetual injunction, restraining the Museum of West African Arts LTD/GTD and the National Commission for Museums and Monuments (NCMM), listed as defendants, from establishing, opening and operating any museum in Edo state dealing with Benin artefacts without the consent of the monarch.

It was lodged before the court by a member of the Benin Traditional Council (BTC), Chief Osaro Idah (the Obazelu of Benin Kingdom).

Besides, the claimant prayed the court to restrain the promoters of the controversial Museum of West African Contemporary Culture and Arts, MOWAA, and their agents from establishing, opening or operating any museum in Edo state dealing with the artefacts without the approval of the Oba of Benin.

In the matter he filed through his lawyer, Mr Kelvin Mejuku, the litigant contended 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 artefacts and other items of Benin heritage should be domiciled.

He prayed 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 Artefacts 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.

Moreover, the claimant 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 artefacts amongst other collections in the museum.

Chief Idah further urged 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, funds and/or support within and outside Nigeria for prosecution of their purported interests in Benin artefacts and objects for purposes of establishing or maintaining a museum in Benin City.

In a supporting affidavit he filed in support of the suit, the litigant averred that Benin artefacts 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 the Benin kingdom and other stakeholders, especially the 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 fundraising 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 artefacts on behalf of the palace until the Benin Royal Museum was ready for their collection,” he added.

Chief Idah further stated that by virtue of the said Federal Government’s notice contained in Order No. 1 of 2023, the Oba of Benin became recognised as the sole owner, with the sole responsibility to have the custody and management of Benin artefacts.

He added that the gazette issued by the Fed Govt pursuant to the 2023 order did not contemplate a situation in which any of the repatriated Benin artefacts will be diverted or hijacked from the custody of the Oba of Benin and be kept in the custody of a privately operated museum or as part of the collection of any private organisation or museum, like the MOWAA and NGO-operated museum.

The claimant stated that the Government of Edo State in 2024 restored the full statutory right of the Oba of Benin as the custodian of the culture, tradition and heritage of the Benin Kingdom and people and his ownership and title of the stolen/looted artefacts and other artworks.

“Regrettably, some of the artefacts have now found their way into a private museum named the Museum of West African Contemporary Culture and Arts (MOWAA) located in Benin City, operated by the first defendant, without the consent of the Oba of Benin.

“This action of the first defendant is very provocative, confrontational and calculated to undermine the lawful authority of our monarch.

“The exclusive authority and right of the Oba has been confirmed by a legal instrument known as the Notice of Presidential Declaration, which is an order vesting custody and management of repatriated looted Benin artefacts in the Oba of the Benin Kingdom.

“The establishment in Benin City of a private or public-private museum, the so-called Museum of West African Culture and Arts (MOWAA), by the defendant in collaboration with the second defendant without reference to the sovereign authority of our Oba over Benin culture and arts is not only a violation of the customary law of Benin Kingdom but spiteful of the authority of the revered palace.

The maverick move by the first defendant in promoting the MOWAA to operate in Benin City under the nose of the Oba but without the consent of the palace is causing serious unease, public unrest and provocation threatening the peace of the Benin Kingdom.

“This development is in conflict with the pronouncement of the Government of Edo State restoring full statutory rights to His Royal Majesty Oba Ewuare II over the artefacts of the Benin Kingdom,” the claimant added.