Chief Osaro Idah, the Obazelu of Benin Kingdom and a member of the Benin Traditional Council has filed a suit at the Federal High Court in Benin seeking to restrain the Museum of West African Contemporary Culture and Arts, MOWAA, from handling, displaying or managing Benin artifacts without the consent of the Oba of Benin.
He is asking the court to grant five major reliefs aimed at reinforcing the traditional authority of the Benin monarch over repatriated looted artifacts.
A court notice states that hearing on the suit has been slated for Nov. 27. On that date, the court will listen to arguments on the motion for interlocutory injunction filed by the claimant.
The suit, marked FHC/B/CS/107/2025, was initiated by Idah through his lawyer, Kelvin Mejuku, from the firm of Prof. Yemi Akinseye-George (SAN) & Partners.
The claimant argues that the Oba of Benin is the recognised custodian of the culture, tradition and heritage of the Benin Kingdom, and therefore holds exclusive rights to decide the custody and location of repatriated artifacts and all items belonging to the kingdom’s historical heritage.
MOWAA and the National Commission for Museums and Monuments, NCMM, are listed as defendants.
Idah wants the court to declare that the Federal Government’s Order No. 1 of 2023—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—legally affirms the Oba as the custodian of Benin cultural heritage.
He is also seeking a declaration that MOWAA, being a private museum operating in Benin City, must obtain the Oba’s consent before holding Benin artifacts as part of its collection.
He further asks the court to pronounce that neither MOWAA nor NCMM can identify with, deploy or use the name, title or throne of the Oba of Benin to seek funds, endorsements or support within or outside Nigeria toward projects involving Benin artifacts without permission from the palace.
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The claimant wants a perpetual injunction restraining the defendants, their agents or privies from establishing or operating any museum in Benin City that deals with Benin artifacts without the Oba’s approval.
In a supporting affidavit, Idah states that the artifacts represent the cultural heritage of the Benin Kingdom, created by ancestors through traditional norms and rites, and cannot be owned or managed by any private corporate organisation not established by the kingdom.
He emphasises that stakeholders, including the Benin Dialogue Group, had endorsed the establishment of the Benin Royal Museum within the palace and supported the Oba Ewuare II Foundation for fundraising and administrative processes tied to the artifacts.
He explains that the Oba urged the Federal Government to take temporary custody of the artifacts until the Benin Royal Museum is completed.
He notes that the 2023 Presidential Order vests ownership, custody and management of the artifacts solely in the Oba and does not envisage their placement in privately operated museums or NGO-led institutions.
The claimant states that the Edo State Government in 2024 restored the full statutory right of the Oba as custodian of the kingdom’s cultural heritage and owner of its looted artifacts.
He adds that despite this, some artifacts have surfaced in MOWAA’s private museum without the Oba’s consent, an action he describes as provocative, confrontational and undermining the monarch’s authority.
Idah argues that establishing and promoting MOWAA in Benin City without reference to the palace violates Benin customary law and poses risks to public peace.
He maintains that the development conflicts with the state government’s recognition of the Oba’s authority and is generating unrest and concern among the people of the kingdom.
The court will take up the matter on Nov. 27.
NAN
