A senior member of the Benin Traditional Council (BTC), Chief Osaro Idah, the Obazelu of Benin Kingdom, has approached the Federal High Court in Benin seeking to restrain the Museum of West African Contemporary Culture and Arts (MOWAA) from dealing with Benin artifacts without the express consent of the Oba of Benin.
The suit, marked FHC/B/CS/107/2025, was filed through Idah’s counsel, Kelvin Mejuku of the law firm of Prof. Yemi Akinseye-George (SAN) & Partners. The matter has been scheduled for hearing on November 27, 2025, when the court will consider the motion for interlocutory injunction.
Reliefs Sought
Chief Idah is asking the court to grant five major reliefs, including:
- A declaration that the Oba of Benin is the sole custodian of the culture, tradition, and heritage of the Benin Kingdom, empowered to determine the rightful custody of repatriated looted artifacts.
- A ruling that MOWAA requires the Oba’s consent to hold or display Benin artifacts.
- An order restraining the defendants from using the Oba’s name, title, or throne to solicit endorsements, funds, or support for museum projects.
- A perpetual injunction preventing 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.
Grounds for the Suit
According to court filings, Idah argued that the Federal Government’s 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 Artifacts in the Oba of Benin Kingdom”, explicitly recognizes the Oba as the lawful custodian of Benin artifacts.
He contended that the artifacts are cultural treasures created by Benin ancestors under traditional rites and cannot be claimed by private entities. Idah noted that stakeholders, including the Benin Dialogue Group, had endorsed the establishment of the Benin Royal Museum within the palace, with the Oba Ewuare II Foundation coordinating fundraising and administration.
Idah further stated that the Edo State Government in 2024 reaffirmed the statutory rights of the Oba of Benin over the artifacts. He described the presence of Benin artifacts in MOWAA as provocative and a direct challenge to the authority of the monarch.
“The move by MOWAA to operate in Benin City without the consent of the palace is confrontational, undermines the lawful authority of our monarch, and threatens the peace of the Benin Kingdom,” Idah said in his affidavit.
Defendants
The suit lists Museum of West African Arts LTD/GTD and the National Commission for Museums and Monuments (NCMM) as defendants.
Idah insists that the Federal Government’s gazette did not envisage a scenario where repatriated artifacts would be diverted to private museums or NGO-operated collections, stressing that such actions violate both customary law and statutory recognition of the Oba’s authority.