By Correspondent in Abuja.
A senior member of the Benin Traditional Council (BTC), Chief Osaro Idah, the Obazelu of Benin Kingdom, has asked the Federal High Court in Benin to stop the Museum of West African Contemporary Culture and Arts (MOWAA) from handling or exhibiting Benin artifacts without the express approval of the Oba of Benin.
Idah made the request in a suit in which he is seeking five key reliefs, including an order restraining the museum from dealing with any artifacts linked to the Benin Kingdom.
According to a notice issued by the court, hearing on the matter has been scheduled for November 27, when the court will consider the claimant’s motion for an interlocutory injunction.
Filed as suit number FHC/B/CS/107/2025, the case was instituted by Chief Idah through his counsel, Kelvin Mejuku of the chambers of Prof. Yemi Akinseye-George (SAN) & Partners.
In the suit, the claimant argues that the Oba of Benin—recognized historically and traditionally as the custodian of the kingdom’s culture, tradition, and heritage—is the only authority empowered to determine the appropriate repository for repatriated Benin artifacts and related cultural objects.
The defendants in the suit are the Museum of West African Arts LTD/GTE and the National Commission for Museums and Monuments (NCMM).
Chief Idah is asking the court to affirm that, based on the Federal Government’s 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,” the Oba is the rightful custodian of all Benin cultural heritage.
He also seeks a declaration that MOWAA, located in Benin City, must obtain the Oba’s consent before holding or displaying any Benin artifacts in its collections.
The claimant also urged the court to rule that the defendants cannot use or associate with the Oba’s name, title, or throne to solicit endorsements, funding, or support,locally or internationally,without the monarch’s permission.
He further seeks a perpetual injunction restraining the defendants, their agents or collaborators from establishing, opening, or operating any museum in Benin City that deals with Benin artifacts without the Oba’s consent.
In a supporting affidavit, Idah states that the artifacts constitute the sacred cultural heritage of the Benin Kingdom and were created by its ancestors under established traditional rites.
“They are not the property of any private or corporate entity that is not a creation of the Benin Kingdom,” he said.
He noted that stakeholders, including the Benin Dialogue Group, had collectively endorsed the Benin Royal Museum to be located within the palace premises, while also approving the Oba Ewuare II Foundation as the official body for fundraising and related administrative processes.
Idah explained that it was based on this mutual understanding that the Oba of Benin prevailed upon the Federal Government to temporarily take custody of the repatriated artifacts pending the completion of the Benin Royal Museum.
He added that the provisions of Order No. 1 of 2023 vested ownership, custody, and management of Benin artifacts solely in the Oba, and did not anticipate their diversion to any privately operated museum.
The affidavit further states that the Edo State Government, in 2024, reaffirmed the Oba’s statutory rights over Benin cultural heritage, including ownership of stolen or looted artifacts.
“Regrettably, some of the artifacts have now found their way into a private museum, MOWAA, in Benin City, without the consent of the Oba of Benin,” Idah alleged.
He described the action of the first defendant as “provocative, confrontational, and calculated to undermine the lawful authority of our monarch.”
“The establishment of a private or public-private museum in Benin City without reference to the sovereign authority of the Oba is not only a violation of Benin customary laws but also an affront to the revered palace,” he said.
According to him, the activities of MOWAA are already generating “public unease, tension and provocation,” posing a threat to peace and order in the Benin Kingdom.
He maintains that the situation contradicts the Edo State Government’s pronouncement affirming the Oba’s full statutory rights over all artifacts of the Benin Kingdom.
Edited by Dada Ahmed.
