Tension has reportedly risen in Ogwashi-Uku, Aniocha South Local Government Area of Delta State, following claims by residents of Ogbenti-Obi Quarters and members of the Obi Dieyi Royal Family over alleged demolition of buildings, erection of fences and restrictions on access to some properties in the area.
The residents, in a petition dated August 17 and addressed to Delta State Governor, Rt. Hon. Sheriff Oborevwori, appealed for urgent government intervention, saying the situation was creating apprehension among families living in the community.
The petitioners linked the development to a longstanding dispute concerning traditional succession and related property claims in Ogwashi-Uku. However, they stressed that their request was not for the governor to determine the substantive issues before the courts, but for government to ensure that any enforcement of a judicial decision is carried out strictly within the scope of the relevant judgment or order.
The petition alleged that heavy equipment had been used in the vicinity of Ogbenti-Obi and that some structures had been demolished, while fences or barricades had allegedly been erected in ways that affected access to some homes.
The allegations contained in the petition could not, however, be independently verified as at the time of filing this report.
The residents expressed concern that continued activities in the area could affect families who may not have been parties to the litigation from which the alleged enforcement action arose.
They therefore urged the state government to establish the precise properties covered by any enforceable judgment or order before further action is taken, particularly where properties occupied by persons who were not parties to the original proceedings are concerned.
According to the petitioners, the dispute has a significant historical dimension because Ogbenti-Obi is regarded by them as an ancestral area associated with the Obi Dieyi Royal Family.
They said several families have lived in the area for generations and that some of the structures allegedly affected have considerable historical and emotional significance to their occupants.
The petitioners argued that any action affecting such properties should take into account not only the legal status of the land but also the potential consequences for families who have occupied the area for many years.
They stated: “A house may be measured in square metres; a home is measured in generations.”
The statement, according to the petitioners, was intended to underscore the importance they attach to the ancestral properties and the memories associated with them.
The residents also raised questions concerning the historical identity and location of what is currently referred to as the Ogwashi-Uku Palace.
According to the account contained in the petition, the Obi Dieyi Royal Family maintains that the traditional palace is located at Umudei Okpunor, while the structure at Ogbenti-Obi which is sometimes described as the palace was, according to their account, built by Obi Nzekwue as a private residence.
The petitioners acknowledged that such historical claims would ultimately have to be determined on the basis of documentary and other relevant evidence, including court records, survey plans, title documents and historical materials.
They further referred to a succession dispute which, according to their account, resulted in legal proceedings beginning in 1985 following a suit allegedly instituted by members of the Obahai/Okonjo family.
The petitioners said the dispute has since generated various legal proceedings and judicial decisions, with the parties relying on differing interpretations of Ogwashi-Uku’s history, traditional succession and property rights.
They maintained that they respect the authority of the courts and were not asking the governor to overturn or substitute an executive decision for any valid judicial pronouncement.
Rather, they want the state government to facilitate clarity regarding the exact scope of any judgment being relied upon and ensure that its implementation does not extend beyond what the court actually ordered.
The residents also expressed concern about the possible effect of the situation on elderly persons, widows, children and other residents who they said could be affected by any demolition or restriction of access.
They called for an assessment of properties allegedly already affected and for the relevant authorities to establish the circumstances surrounding any demolition, fencing or obstruction reported in the area.
The petitioners further urged the government to facilitate a meeting involving representatives of the Obi Dieyi Royal Family, the Obahai/Okonjo family, affected residents, the Ogwashi-Uku Traditional Institution and appropriate government officials.
According to them, such engagement could help separate the immediate concerns of residents from the broader historical and succession issues and create an avenue for the parties to address their differences peacefully.
They also requested that the Delta State Attorney-General and Commissioner for Justice examine the legal implications of the issues raised and that relevant documents, including any judgment, order and survey plans being relied upon, be reviewed to establish the precise boundaries of any lawful enforcement.
The residents further appealed to security
agencies to maintain peace and protect residents from intimidation or harassment, while urging all parties to remain peaceful and respect the judicial process.
They said they were particularly concerned that continued tension could result in confrontation if the matter was not addressed promptly.
The petitioners therefore called on the state government to intervene as a preventive measure, arguing that an early administrative response could help preserve public peace while the substantive legal issues remain subject to the appropriate judicial and legal processes.
They also cited constitutional provisions relating to the right to life, dignity of the human person, fair hearing, private and family life, freedom of movement and property, as well as relevant provisions of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
The residents’ position, as contained in the petition, is that while lawful court decisions must be respected, their implementation should equally comply with the law and should be confined to the properties and parties covered by the relevant judicial orders.
They maintained that where there is uncertainty over the identity, boundaries or ownership of properties allegedly affected, the relevant documents and circumstances should first be examined before irreversible action is taken.
In their appeal to Governor Oborevwori, the petitioners stressed that they were not asking the state government to determine who should occupy the Ogwashi-Uku traditional throne.
Rather, they want the governor to use the powers available to the state government to promote public order, protect residents and encourage a peaceful resolution of the issues arising from the dispute.
They also appealed to residents not to resort to confrontation or take the law into their own hands, stressing the need for all parties to remain peaceful while pursuing their respective claims through lawful channels.
The petition was signed by Onyenor Ogwu, Pius Izediunor, Nodu Izediunor and PC Izediunor on behalf of the Umu Obi Izediunor Royal Family.
*The allegations and historical claims contained in the petition represent the position of the petitioners. Any response or contrary position from Obi Ifechukwude Okonjo II, members of the Obahai/Okonjo family, the Ogwashi-Uku Traditional Institution or other parties would be relevant to a full understanding of the dispute.*