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Burial, Property Tussle: Oba Of Benin Backs Court Judgement, Orders Burial For The Departed

Published

10 months ago

July 6, 2023

The Oba of Benin, Oba Ewuare II, CFR, has endorsed the judgement of an Edo State High court which ordered Madam Enoghayin and Miss Otasowie Ogiemwonyi to take legal and physical possession of late Mr. Washington Osaretin Ogiemwonyi’s property at 7A, Upper Sokponba Road in Benin City.

The Oba also granted approval for his burial rites in accordance with Benin customs and tradition.

Following the demise of Mr. Ogiemwonyi, disagreement broke out between his immediate and extended family members over the contended property and his burial.

The impasse between the families resulted in his corpse left in the morgue for 23 months.

Consequently, the Claimants, Thomas Ogbomo Ogiemwonyi and Mrs Odion Ogbomo approached a Benin High Court to challenge the rights of Madam Enoghayin Osunde and Miss Otasowie Ogiemwonyi, wife and daughter of the deceased to the disputed property and his burial.

Delivering judgment in suit No. B/421/2021 on July 29, 2022, Justice H. A. Courage-Ogbebor declared that late Washington Osaretin Ogiemwonyi as the eldest son of his late father, Ogiemwonyi Agbonkpolor and having performed the final burial of his father, inherited exclusively the house known as No, 7A Upper Sokponba Road, Benin City to the exclusion of the claimants and siblings being the Igiogbe (family house) of the late Ogiemwonyi Agbonkpolor.

The Court ordered that the defendants immediately bury their husband/father in conjunction with Ogiemwonyi’s family as they have desired.

The court thereafter restrained the claimants by themselves, their agents, servants, or thugs and privies from interfering with the planning, preparing and burial of the late Washington Osaretin Ogiemwonyi at No. 7A, Upper Sokponba Road, Benin City, by the Defendants.

Unsatisfied with the decision of the court, which is not status barred, some aggrieved family members of the Ogiemwonyi family dragged Washington Ogiemwonyi’s widow (Madam Enoghayin Osunde) and his eldest daughter, Miss Otasowie Ogiemwonyi before the Palace of the Oba of Benin, seeking to upturn the judgement of the High Court.

After listening to the testimonies of the parties to the dispute over inheritance and burial rites of the Patriarch of the family, the Chairman of the Committee set up by the Palace, Chief Stanley Esere, the Obamwonyi of Benin, who was joined by other Palace Chiefs, including Chief Oghafua Oyeoba, the Oyeoba of Benin, Chief Osemwegie Ero, the Edobayeokhae, held that it is an uncontroverted fact that the property, No. 7A, Upper Sokponba Road, was shared and distributed to the eldest son of the family, late Washington Osaretin Ogiemwonyi and exclusively his eldest child after his demise and final burial rites had been concluded.

Accordingly, Chief Obamwonyi ordered the defendants to take possession of the property without any hindrance or challenge by the claimants and berated the claimants for making life unbearable for Madam Enoghayin Osunde (Washington Osaretin Ogiemwonyi’s widow) and Miss Otasowie Ogiemwonyi and her siblings after the death of Washington on December 24, 2020.

The palace Committee further berated members of Ogiemwonyi’s extended family for staying away from the burial of the Patriarch after all entreaties by his children and Madam Enoghayin Osunde to get the approval of the then Okaigbe (Ogiemwonyi’s family head), Pa. Edionhon Igbinomwanhia, fell into deaf ears.

Besides, the Committee held that the evidence of Mr Andrew Omoigui, who deposes to the Palace committee that no family member of Washington Osaretin Ogiemwonyi whose body was kept in a morgue for 23 months, was neither informed or aware of Washington’s burial, was untenable after the court had pave the way for the children to bury their father.

The Committee noted that an announcement was made on the Mass Media, pertaining to Ogiemwonyi’s burial and that his Children also coughed out the sum of N380, 000. 00 mortuary bills for their late father and the Claimants collected rents from the property for three years in advance after Washington Ogiemwonyi’s death, without recourse to the welfare of his children and widow, describing action as “the height of cruelty and sacrilegious in Benin Customs and tradition”.

News

Invictus Games: Prince Harry, Meghan Arrive In Lagos

Published

35 mins ago

May 12, 2024

Editor

The Duke of Sussex, Prince Harry, accompanied by the Duchess of Sussex, Meghan, has landed in Lagos to embark on a three-day visit to Nigeria.

According to reports, their itinerary includes a meeting with Lagos State Governor Babajide Sanwo-Olu at Lagos House in Marina.

Recall that Prince Harry, the founder of the Invictus Games for wounded military veterans, arrived in Nigeria on Friday, continuing his efforts to promote the sporting event.

During their stay in Lagos, the royal couple attended the Dream Big Basketball clinic hosted by the Giant of Africa Foundation at Ilupeju Grammar School. Masai Ujiri, President of the Giant of Africa Foundation, praised the couple for their role in inspiring African youth through sports.

Expressing their excitement to participate in programs aimed at empowering young people in Africa, Prince Harry and Meghan emphasized the importance of such initiatives.

In Abuja, the prince’s team, adorned in yellow, engaged in an exhibition match against a team led by Nigeria’s Chief of Defence Staff. Despite taking an early lead with players seated on foam mats, some missing legs, Prince Harry’s team was defeated by Team CDS.

Later, the royal couple attended a reception for military families, where they were greeted by traditional dancers who showcased their talents with acrobatic performances.

News

Reign Of Terror: Again, Gunmen Strike In Enugu, Kill Four Policemen, FRSC Officials In Fresh Attack

Published

3 hours ago

May 12, 2024

Editor

There was a reign of terror at Orba and Eha-Alumona in Udenu and Nsukka Local Government Areas of Enugu State, respectively; as gunmen attacked two operatives each of the Nigeria Police Force and Federal Road Safety Corps on Saturday.

The attack came barely 24 hours after two policemen on a stop-and-search duty were attacked and killed on Friday by some gunmen in the state metropolis, less than a kilometre from the Government House.

It was gathered that the latest attack started from the Premier Junction at Eha-Alumona in Nsukka LG and proceeded to the Army checkpoint at Orba in Udenu LG around 4 pm.

The four personnel were killed in the onslaught while others escaped with various degrees of injury.

The hoodlums also attacked and set ablaze a Hilux van belonging to the traditional ruler of Egali Amalla Community in Udenu LG, Patrick Eze, popularly known as Igwe Waziri.

The monarch, who was reportedly caught, in the web of the attack, miraculously escaped unhurt.

The gunmen also burnt an FRSC van during the carnage.

Meanwhile, when our correspondent contacted the state Commissioner of Police Kanayo Uzuegbu, for his reaction to the incident, he said, “I am not aware of the incident. Please contact the Police Public Relations Officer on that.”

However, efforts to get the command’s spokesperson, Daniel Ndukwe, were unsuccessful as he neither responded to the calls nor text messages as at the time of filing this report.

Governor Peter Mbah of Enugu State had vowed to apprehend the assailants who killed two policemen on Friday with all the resources available to the state government.

PUNCH

News

SERAP, BudgIT, Others Drag CBN To Court Over Cybersecurity Levy

Published

3 hours ago

May 12, 2024

Editor

The Socio-Economic Rights and Accountability Project; a not-for-profit organisation, BudgIT, and 136 concerned Nigerians have filed a lawsuit against the Central Bank of Nigeria “over its failure” to withdraw the cybersecurity levy.

In what was described as an “unlawful circular,” the plaintiffs in the suit number FHC/L/CS/822/2024 filed last Friday at the Federal High Court, Lagos State, asked the court to determine “whether the CBN circular dated 6th May 2024, directing financial institutions to deduct from customers’ accounts a cybersecurity levy is unlawful and therefore ultra vires the CBN.”

This is contained in a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare, made available to newsmen on Sunday.

Last Monday, through a circular, the apex bank ordered all commercial, merchant, non-interest, and payment service banks, among others. operating in the country to start charging a cybersecurity levy on transactions.

The CBN noted that, in compliance with the enactment of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act 2024 and under the provision of Section 44 (2)(a) of the Act, a levy of 0.5 per cent (0.005) equivalent to a half per cent of all electronic transactions value by the business specified in the Second Schedule of the Act, is to be remitted to the National Cybersecurity Fund which shall be administered by the Office of the National Security Adviser.

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy.” the circular stated.

Although, President Bola Tinubu had directed the CBN to suspend the implementation of the controversial cybersecurity levy policy and ordered a review, the plaintiffs asked the court to determine whether the apex bank’s directive “are not in breach of sections 14(2), 44(1) and 162(1) of the Nigerian Constitution 1999 [as amended], and therefore unconstitutional, null, and void.”

They also demanded that the “CBN, its office, agents, privies, assigns, or any other persons acting on its instructions from enforcing the circular dated 6th May 2024, pending the hearing and determination of the motion on notice filed contemporaneously in this suit,” be restrained.

The suit filed on behalf of the plaintiffs by their lawyer, Ebun-Olu Adegboruwa, SAN, read in part, “The CBN circular is unlawful and an outright violation of the provisions of the Nigerian Constitution and the country’s international obligations.

“Unless the reliefs sought are granted, the CBN will enforce its circular directing banks to deduct from customers’ accounts a cybersecurity levy. Millions of Nigerians with active bank accounts would suffer irreparable damage from the unlawful deduction of cybersecurity levies from their accounts.

“The provisions of the Cybercrimes Act on payment of cybersecurity levy strictly apply only to businesses listed in the Second Schedule to the Act. These provisions make no reference to bank customers, contrary to the CBN circular to all banks and other financial institutions.”

The statement noted that while the CBN’s circular “a blatant violation of Nigerians’ human rights including the right to property guaranteed under section 44 of the Nigerian Constitution and article 14 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party,” the Federal Government “has a legal responsibility to ensure the security and welfare of the people, as provided for under section 14(2)(b) of the Nigerian Constitution and human rights treaties to which Nigeria is a state party.”

The plaintiffs, therefore, urged the court to “grant the reliefs sought in the public interest and the interest of justice as well as to prevent arbitrariness and ensure the rule of law in the country.”

The cybersecurity levy, as ordered by the apex bank, is to be be remitted to the National Cybersecurity Fund which shall be administered by the Office of the National Security Adviser.

While disagreeing with this, the plaintiffs noted that according to Section 162 (1) of the Nigerian Constitution, the payment of “revenues collected by or on behalf of the Government of the Federation are mandatorily required to be paid into the Federation Account save the revenue excepted by the provisions of the section.”

“The National Cybersecurity Fund established by section 44(1) of the Cybercrimes Act 2015 [as amended] into which it is required to be paid the levy of 0.5% chargeable on all electronic transactions instead of the Federation Account is unconstitutional, null, and void.

“As of 30 April 2024, commercial banks in Nigeria already charge exorbitant fees for electronic transactions, including electronic transfer charges at N53.75 on any amount above N10,000; stamp duty of N50 on every transaction and account maintenance charge deducted per month,” the statement partly read.

No date has been fixed for the hearing of the suit.