A member of the Benin Traditional Council (BTC), Chief Osaro Idah (the Obazelu of Benin Kingdom), has commenced legal action against the promoters of the controversial Museum of West African Contemporary Culture and Arts (MOWAA).
Chief Idah in the suit marked: FHC/B/CS/107/2025, is asking the court to restrain the promoters of MOWAA and their agents from establishing, opening or operating any museum in Benin City, Edo State, dealing with Benin artefacts without the consent of the Oba of Benin.
Meanwhile, the motion for interlocutory injunction has been fixed for November 27.
The claimant in the suit filed on his behalf by Kelvin Mejuku of the firm of Prof Yemi Akinseye-George (SAN) & Partners, raised two issues for the court’s determination and is also seeking five reliefs.
According to court documents seen in Abuja on Friday, 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 artefacts and other items of Benin heritage should be kept.
Listed as 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 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.
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 artefacts amongst other collections in the museum.
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, funds and or support within and outside Nigeria for prosecution of their purported interests in Benin artefacts 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.
Idah stated, in a supporting affidavit, that the 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.