Chief Etuedor Utih & Ors. V. Jacob Umurhurhu Onoyivwe & Ors. (1991)

LawGlobal-Hub Lead Judgment Report

BELLO, C.J.N. 

The dispute in this case on appeal was deep rooted in the politics of the “Ovie of Evwreni” Chieftaincy title in Evwreni town in the Ughelli Local Government area of Bendel State and the Clan Headship of the town. Although the main issues for determination in the dispute, to wit whether the Court had jurisdiction to make the declarations sought and whether the evidence adduced warranted making the declarations, might appear to be straight-forward, the matter had been made complicated by copious and verbose pleadings filed by the parties and over-production of documentary evidence, namely – Exhibits A, B-B6, C-C19, D-D2, E to V, W-W1, X to Z and 1 to 2 most of which went to no issue.

For the proper appreciation of the issues, it is necessary to set out fully the Plaintiffs’ case as pleaded in their Amended Statement of Claim. After having set out the traditional history of Evwreni from the migration of its peoples from Elele to their founding of Evwreni and their settlement thereat in the 18th century, the plaintiffs averred in paragraphs 9 to 13 as follows:

“(9) Having settled down in Evwreni the new community thought it to be necessary to organise a social order acceptable to all: Evburhu at once emerged as the undisputed leader of the community. He was a great warrior, a mighty hunter and the oldest member of the community. He also was at the head of the party that founded the new settlement. The entire party, therefore, without question accepted his authority and governance as the head of the new community.

(10) When the party left Elele, each family like Evburhu himself, took with it, its own family’s ancestral spirit. This family spirit called Odion was symbolised by the fronds of the Ovbor tree which the family carried with it and worshipped very much like the images or gods of Laban, the Syrian, the father in-law of Jacob as told in the Bible.

(11) As a mark of the acceptance of Evburhu’s authority and governance each family handed to Evburhu its own Odion. Evburhu collected these Edion and bounded them up in a bundle which became, as it were, his “staff of office.” Evburhu thus became, so to speak the living human embodiment of all the spirits of the ancestors of the entire Evwreni people. He made intercessions for anyone wishing him to do so to his ancestors. This has remained so to the present day.

(12) By this singular gesture of the Evwreni people, the Odion became not only the political but also the spiritual head of the Evwreni community. As political head the Odion was like an Executive President with an inner council of officials whom he appointed to hold office at his pleasure. These officials were.

(a) THE OTOTA, who, as the name implies, was mouth-piece and spokesman of the Odion and therefore of the community at all levels. In modern idiom he could be called the Minister or Secretary of State for Information and Communication.

(b) THE AKPOHOR, who as the name implies, rectified or righted all wrongs. He ensured that punishments meted to wrongdoers were carried out. He constituted a court of first instance for minor disputes between members of the community.He ensured, with the aid of the Olotu, the internal security of the community. In modern idiom he could be described as the Minister or Secretary of State for Internal Affairs. He was also Deputy Otota and acted when the Otota was absent.

(c) THE OLOTU, who was the leader of the populace in war and in peace. As leader in peace time, he directed works: clearing and sweeping of the streets and the market places, constructing drainages and bridges, preparing the area for festive occasions and so on. He also organised the police from among “the Ovbrahwa” (the youngmen of the town). In modern idiom he could be called the Minister or Secretary of State for war Works and Defence.

(d) THE OVBORHEVBE who dusted the kolanut and preceded (sic) at every gathering to break the kolanut and open the drink for the Odion’s libation and prayers before they were passed round to all present for a bite and sip. In this role he functioned as Chief Protocol and personal adviser of the Odion, a Minister or Secretary of State for Cultural Affairs.

(13) The foregoing four official titles plus the Odion were the only known Chieftaincy titles in Evwreni which tradition and practice handed down to the present generation. The Odion as the executive President with his executive council formulates laws and governance. There was the Odion’s Court for settling disputes between individuals and groups. There was also the Odion’s council for discussing the problems and issues of the day. A Council meeting may at once be a court as well as a legislature.”

In paragraphs 52 to 79, the plaintiffs then proceeded to narrate the circumstances giving rise to the title “Ovie of Evwreni” in 1936 and the acrimonies and protests that followed in consequence of its emergence. The paragraphs read:

“(52) The title Ovie of Evwreni surfaced in 1936. By that year, Chief Mukoro Mowoe, the man of prominence in Urhobo at the time had become influenced and inspired by the institution of the “Obas”, “Olus, Alafins” and Alakes in Benin and Yoruba traditions and had felt he must create a comparable institution in Evwreni, his home town by creating the stool of “Ovie of Evwreni”, as indeed in all Urhobo and Isoko clans where their titular head did not command any recognition beyond their borders. Such Natural Rulers would be those to accompany him in representation of Urhobo to the Conference of Chiefs in the then Western Region which was then being muted in government circles.