The protracted traditional leadership dispute in Ewu Kingdom, Edo State, has taken a fresh turn as the State High Court in Benin has granted His Royal Highness Jafaru Isesele I, the Onogie of Ewu, permission to commence judicial review proceedings against the Edo State Government over alleged failure to implement a Supreme Court judgment recognising his entitlement to the traditional stool.
In a related development, the court granted a Garnishee Order Nisi against Prince Rasak Ogiefo in a separate proceeding seeking to recover N13 million in outstanding costs awarded to Isesele by the Supreme Court.
The two orders were granted on November 5 by Justice I. O. Omotoso of High Court No. 11, Benin City, in Suit No. B/242/2026, following separate ex-parte applications filed on September 30 and October 7, 2026. Both applications were argued by Isesele’s counsel, K. O. Obamogie, SAN.
In the first application, Isesele sought the court’s permission to institute judicial review proceedings against the Edo State Governor, State Executive Council, Attorney-General, Commissioner for Local Government and Chieftaincy Affairs, Esan Central Local Government Council and Esan Central Traditional Council.
The application seeks an order of mandamus compelling the authorities to implement the Supreme Court judgment delivered on July 19, 2024, in Appeal No. SC.147/2014, involving Prince Rasak Yesufu Ogiefo and Isesele.
Specifically, the applicant wants the state government to formally recognise him as the legitimate Onogie of Ewu, issue his Staff of Office and certificate of recognition, and take all necessary administrative steps to give effect to the apex court’s judgment.
He is also seeking an order compelling the authorities to publish or issue the relevant official instruments confirming his traditional position.
Isesele argued that the continued failure of the state authorities to implement the Supreme Court judgment amounted to a breach of their constitutional obligations under Section 287(1) of the 1999 Constitution, as amended.
He further asked the court to direct the respondents to pay him the financial benefits attached to the office of Onogie of Ewu, dating back to August 6, 1997.
According to the application, the entitlement to the financial benefits was previously recognised by the High Court in Suit No. B/437/2001 on February 10, 2005, affirmed by the Court of Appeal on February 14, 2014, and reaffirmed by the Supreme Court in its July 19, 2024 judgment.
In granting the application, Justice Omotoso held that Isesele was entitled to approach the court to seek judicial review of the actions of the relevant authorities.
The judge declared: “I am of the opinion that it is well within the rights of the Applicant to bring this application.”
The court consequently granted leave for the judicial review proceedings and directed the applicant to serve the Motion on Notice on the respondents for determination of the substantive application.
The matter was adjourned until January 19, 2027, for hearing.
In the second proceeding, Isesele sought a Garnishee Order Nisi against Prince Rasak Ogiefo to recover N13 million in outstanding costs awarded by the Supreme Court in two separate decisions arising from the same chieftaincy dispute.
The amount comprises N3 million awarded in the Supreme Court judgment of July 19, 2024, and another N10 million granted in its ruling of June 5, 2026.
The applicant asked the court to attach funds standing to Ogiefo’s credit in identified bank accounts, including his Zenith Bank account, to the extent required to satisfy the outstanding judgment debts.
After considering the affidavit evidence, exhibits and written submissions presented by the applicant’s counsel, Justice Omotoso granted the application.
The court ordered: “A Garnishee Order Nisi is hereby granted.”
It also directed the garnishee to appear and show cause why the order should not be made absolute, adjourning the matter until December 16, 2026, for further proceedings.
The Garnishee Order Nisi is an interim step in the recovery process and does not amount to a final attachment of the funds. The court is expected to determine whether to make the order absolute after hearing the garnishee’s response.
The two rulings represent separate but related legal developments in the protracted Ewu traditional stool dispute, with Isesele pursuing the enforcement of the Supreme Court’s decision on both recognition of his traditional position and recovery of monetary costs.
The latest proceedings have again brought the July 19, 2024 Supreme Court judgment and its subsequent June 5, 2026 ruling into focus, as the legal battle over the Ewu traditional institution continues.
