The legal battle over the stool of the Okumagbe of Wanno Clan in Etsako East Local Government Area of Edo State has moved to the Court of Appeal, Benin Division, following a judgment which upheld the disputed process that produced former senator Francis Alimikhena.
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Chief Benjamin Aliu, who instituted the action for himself and on behalf of the Edegbe Community of the Agiode Ruling House, filed a notice of appeal against the July 1, 2026 judgment of the Edo State High Court sitting in Agenebode.
The appeal arose from Suit No. HAG/05/2026 and lists Alimikhena and nine others, including Edo State Government officials and the Etsako East Local Government Council, as respondents.
Aliu expressed dissatisfaction with the entire judgment and asked the appellate court to set it aside, alleging that the trial judge committed several errors concerning jurisdiction, the applicable traditional rulers’ law and the use of judicial precedents.
He argued that the trial court misapplied Section 19(1), (2) and (6) of the Traditional Rulers and Chiefs Edict of Bendel State, 1979, as applicable in Edo State.
According to him, having allegedly found that the suit was incompetent, the High Court ought not to have proceeded to determine the substantive questions surrounding the selection process.
Aliu maintained that jurisdiction is fundamental to adjudication and that a court which finds that it lacks jurisdiction cannot validly make further pronouncements on the merits of a dispute.
He also faulted the trial court’s reliance on judicial authorities including Aderemi v. Adeyemi and Agbodemi v. Agboola, contending that the cases were distinguishable and inapplicable to the circumstances surrounding the Wanno stool.
The appellant argued that the present dispute concerns the legality of the process leading to the nomination and selection of a traditional ruler, rather than complaints arising after a valid selection had been completed.
Central to the appeal is the question of whether there is an existing declaration or gazette regulating the nomination, selection and installation of the Okumagbe of Wanno following the separation of the former Weppa-Wanno Clan into distinct traditional entities.
Aliu contended that the declaration contained in Edo State Legal Notice No. 4 of 2012 no longer applies to the Wanno Clan following the restructuring.
He claimed that the Edo State Executive Council had not issued a fresh declaration prescribing the applicable ruling houses, kingmakers and procedure for selecting the clan head, as allegedly required under the state’s Traditional Rulers and Chiefs Law.
The appellant maintained that without a valid declaration, any nomination, selection, presentation or installation of an Okumagbe would lack a proper legal foundation.
Aliu further alleged that some of the respondents continued with steps towards selecting a traditional ruler despite being aware of an earlier suit and a pending application for an interlocutory injunction.
He is asking the Court of Appeal to set aside the High Court judgment and grant the claims presented before the trial court or, alternatively, order a retrial before another judge of the Edo State High Court.
Meanwhile, leaders of the Edegbe Community, led by Aliu and Dr Francis Omoh, have called for restraint and adherence to the judicial process while the appeal remains pending.
The community traced the controversy to May 2025, when the Edo State Government, acting through the Etsako East Local Government Council, began the process of filling the vacant stool following the dethronement of the former Okumagbe of Wanno.
According to the community, the selection was initially scheduled for May 24, 2025, but was subsequently suspended.
It said a fresh directive was issued in January 2026 fixing January 31 for the selection exercise, but the local government council again halted the process after being served with court documents challenging its legality.
The community claimed that two of the three aspirants complied with the suspension directive, while Alimikhena allegedly proceeded with a separate selection exercise.
It described the exercise as irregular and lacking the participation of all persons and communities entitled to take part in the process.
The Etsako East Local Government Council subsequently declared the exercise invalid and suspended further action pending the determination of the court cases challenging the selection.
The Edegbe Community also raised concerns about the composition of the purported kingmakers and whether all communities entitled to representation under Wanno customs were properly included.
It maintained that the validity of the applicable gazette, the identity and composition of the kingmakers and compliance with customary procedures were among the issues submitted to the courts for determination.
The community expressed dissatisfaction with the July 1 judgment of the Edo State High Court, Agenebode, sitting at Fugar, which upheld the selection process.
It disclosed that apart from filing the notice of appeal, legal steps had been initiated to prevent the enforcement of the High Court judgment while the appellate proceedings were pending.
The community also expressed concern over reports that the Edo State Government had issued a letter recognising Alimikhena as the Okumagbe of Wanno.
It argued that implementing such recognition while the legality of the selection remained before the Court of Appeal could prejudice the pending proceedings or render the appeal ineffective.
The group therefore called on the Edo State Government to review the situation and allow the judicial process to run its full course before taking further action concerning the stool.
It urged members of the Wanno Clan and the wider public to remain calm, peaceful and law-abiding, maintaining that its objective was to ensure that the stool was filled in accordance with the law, established customs and principles of fairness.
The allegations concerning the validity of Alimikhena’s selection and the absence of an applicable declaration remain disputed and have not been finally determined by the Court of Appeal.
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