By Obike Ukoh.
(C) Google.
The issue of who custodies the repatriated Benin artefacts, looted during the 1897 British invasion of Benin Kingdom, came to the fore again, an indication that the matter had not been settled.
Chief Osaro Idah, a member of Benin Traditional Council (BTC), approached a Federal High Court in Benin, seeking a restraining order against Museum of West African Arts(MOWAA) from handling or exhibiting Benin artefacts without the express approval of the Oba of Benin, Ewuare II.
Respondents in the suit, heard on Nov. 27, 2025, are the Museum of West African Arts LTD/GTE and the National Commission for Museums and Monuments (NCMM).
In summary, Idah maintained 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 artefacts and related cultural objects.’’
As the case is still pending, the Edo State House of Assembly, summoned former Gov. Godwin Obaseki and Philip Iheanacho, Director of MOWAA over the proposed construction of a museum in Benin City.
The House set up an ad-hoc committee to investigate the MOWAA and Radisson Blu Hotel projects.
The committee is seeking clarification on the funding and execution of both projects, including financing structure during Obaseki’s administration.
At earlier public hearing on the issue,
Mr Julius Anelu, state’s Accountant General, said that Edo State Government released N3.8billion between March 2022 and April 2024,
as its counterpart contribution to the MOWAA project.
In an oral and video presentation, Prince Aghatise Erediauwa, who spoke for the palace, alleged that the immediate past administration and its associates “hijacked” the original Benin Royal Museum concept and rebranded it as MOWAA, in an attempt to control repatriated Benin artefacts.
Even before the artefacts arrived Nigeria, there was a protest on the ownership and custody of the artefacts by members of Igun Bronze Casters Guild
The protest happened despite the decision of the Federal Government to temporarily keep the artefacts upon their return from Europe.
The Federal Government’s position followed the face-off between Governor Godwin Obaseki and the Benin monarch, Oba Ewuare II.
They marched round Benin, visited the palace of the monarch, among other places.
The protesters condemned the claim by members of Europe and America-based Igun-Igbesanmwan-Owina Descendants Cultural Movement, who earlier said they were part-owners of the looted artefacts and that they should be part of the negotiations for their return.
The protesters, led by the Ine of Igun, Chief Osarenren Inneh, were accompanied by some chiefs.
The protesters said from time immemorial, they had been casting the bronze artworks for the Benin palace, making the object the property of the palace
Inneh said: “We have never, in any way, been the owners of the artefacts that we were ordered to do by the palace. There is no member of this Igun that will say that as at 3,000 years ago, they could buy a kilo of manila.
“So, all the works that were done were inside the palace and were done for the monarch.
“We do works for the beautification of the palace. We do works to keep the history of Benin Kingdom in forms of plaques and art forms. So, we duplicate the history of the kingdom.
“We have never, in any way, been privileged to do these works for ourselves until we were given our royal charter in 1280 AD by Oba Oguola. They gave us that charter for commercial purpose and the artefacts were long in existence, even before the royal charter.
“We are servants to the palace; we are servants to the Oba of Benin. Nobody should pitch us against the palace, because we cannot go against the palace. We are grateful to the Oba of Benin for all that he has been doing for us over the years.’’
As the controversy then rages, the Federal Republic of Nigeria in Notice No. 25 in the official Gazette No. 57, Volume 110 at pages A245-247, dated March 23, 2023 laid to rest, the custodian of the artefacts.
The March 23. 2023 declaration, by then President Muhammadu Buhari, unequivocally recognized Oba of Benin, Ewuare II as the owner of the Benin bronzes artefacts.
Buhari said that repatriated bronzes must be handed over to the Oba, who is responsible for the management of all places where they will be kept.
In other words, no Benin bronze can be moved without the Oba’s written authority and he must inspect and authenticate each one upon its subsequent return.
On his part, the Oba had consistently emphasized the position of the Federal Government.
The ownership, custody, and management of the artefacts are clearly spelt out, “they are vested in the Oba as an institution. That is the law”.
He emphasized that the ongoing plans for the construction of Benin Royal Museum Project at the instance of the Nigerian government is on course.
According to him, “It is a Federal Government project to build the Benin Royal Museum. We have been on it for some time now.”
Before even the 1,130 artefacts were repatriated, the Oba appealed to the Federal Government not to release the artefacts to Edo State Government, when Obaseki was still governor.
He asked the Federal Government to temporarily take custody of the 1,130 stolen Benin artefacts.
Oba Ewuare II stressed that an agreement had already been reached that the artefacts would be housed in the royal museum.
The Oba was apparently reacting to statement credit to then Governor Godwin Obaseki, then in Germany, for discussions on the repatriation of the artefacts, that a “transformational” museum would be built in Benin to house the artefacts upon their return, as part of a new cultural district in the city.
The architect handling the project, was even in the Edo State Government delegation.
Speaking on the issue, Oba Ewuare II insisted that the right and only legitimate destination of the repatriated artefacts was the Benin Royal Museum.
He said: “I have called this meeting to intimate you of the matter of the Benin artefacts in Europe on the verge of being repatriated. You may also have heard about the recent activities of a group of individuals who incorporated a company since January 2020 called Legacy Restoration Trust Limited.
“It has become germane to note that the advocacy and demands for the return of the artefacts looted from the Benin Kingdom in 1897 have been going on for decades before the emergence of the incumbent Governor of Edo State, Mr Godwin Obaseki.
“I must sincerely thank the governor for joining the struggle and showing commitment to retrieve our stolen cultural heritage from Europe.
“While anticipating the return of the looted artefacts from Europe, I want to note that attempts to divert the destination or the right of custody of the artefacts is not in the interest of the people of Benin Kingdom, to whom the Palace of the Oba of Benin provides leadership.
“ The looted artefacts awaiting repatriation from Europe are the cultural heritage of the Benin Kingdom created by our ancestors and forefathers within the traditional norms and rites of the kingdom.
“They are not property of the state government or any private corporate entity that is not a creation of the Benin Kingdom. “The right and only legitimate destination for the artefacts to be repatriated as already pronounced by my father is under the aegis of the Benin Royal Museum, that will be sited within the precincts of the Palace of the Oba of Benin, from where they were looted, and also, the proper traditional institution that is also the custodian of all the cultural heritage of the Benin Kingdom.
“The palace, therefore, strongly advises that anyone, group, organisation, or government – national and international – that is dealing with any organisation or artificial group in the process of returning the looted artefacts from the Benin Kingdom would be doing so at their own risk and against the will of the people of the Benin Kingdom.”
Oba Ewuare II said he did not believe that the move by a privately registered company, Legacy Restoration Trust Ltd, and the purported establishment of Edo Museum of West African Arts, were in consonance with the wishes of the people of Benin Kingdom.
The monarch said he was, however, surprised to read Obaseki’s letter to the palace, wherein a new museum was being proposed, and which would be funded and executed through the vehicle of Legacy Restoration Trust Ltd.
He said, “I informed him (Obaseki) that Oba Ewuare II Foundation had been registered with the Corporate Affairs Commission and had worked out a framework for not only receiving the artefacts, but also building a modern structure, the Benin Royal Museum.
“We wish to use this medium to call on the Federal Government to take custody of these artefacts on behalf of the palace until the Benin Royal Museum is ready for their collection.
“Under no circumstances should the custody of our age-old artefacts be handed to any privately contrived entity like Legacy Restoration Trust, ” the Oba stressed and emphasized.
Whatever happens at the end of the day, the good news is that some of the looted artefacts have been repatriated and more are being expected.
Unarguably, if there was no British invasion of 1897, there would have been no issue of looted artefacts.
The issue should be resolved in a way to benefit the good people of Benin Kingdom and Nigeria as a nation.
Obike Ukoh, is a former Deputy Editor-In-Chief, News Agency of Nigeria (NAN).
