Etsako Locality Rejects Monarch, Blames Imposition Of Danesi As Aidonogie Of South Ibie By Govt Okpebholo



















Etsako Locality Rejects Monarch, Blames Imposition Of Danesi As Aidonogie Of South Ibie by Edo Govt






HRH Inusa Umoru, Kelvin Danesi 
Hendrix Oliomogbe 

The Aidonogie of South Ibie, Etsako West Local Government Area of Edo State, His Royal Highness Inusa Umoru Inusa has rejected the recognition of Alhaji Kelvin Danesi as the substantive ruler of the community by the state government.

In a petition to Governor Monday Okpebholo and titled "Re: The Validity of My Nomination, Presentation, Appointment and Recognition as Aidonogie of South Ibie",  he wrote that the presentation of Alhaji Danesi from the Danesi branch of the Okhokho Ruling House as the traditional ruler in 1997 was unpopular for the fact that his father was not an Aidonogie and he was also not the eldest surviving son of a former Aidonogie from Danesi branch as contained in Declaration of Customary Law Regulating Succession to Traditional Ruler Title B.S.L.N 136 of 1979.

Following what he insisted as an aberration, the Oghiator branch of the Okhokho Ruling House who was automatically entitled to submit a qualified candidate to the throne, headed to the court, which  had repeatedly decided the issue in its favour.

The monarch said that the first judicial decision on qualification for presentation as Aidonogie and the clear consequential nullification of the nomination, presentation, appointment and installation of Alhaji Danesi was decided in consolidated Suit Numbers B/266/1998 and B/227/1998 by Justice J.O. Sadoh on 29 June 1999.

Justice Sadoh held: “In the instant case, having duly considered the evidence adduced by the parties and their witnesses, I hold that the selection of Alhaji Aliyu kelvin Danesi does not comply with the registered Declaration regulating the succession to the clan head Aidonogie of South Ibie. See exhibit B2. I therefore declare his selection, appointment as well as the approval by the Edo State government invalid, null and void.” 

He further wrote that the court ruled in an appeal by Alhaji Danesi in Appeal number CA/B/9/2001 on April 7, 2003 “that the selection, presentation, appointment and/or production of Alhaji Inusa kelvin Danesi as the Clan Head or Aidonogie of IYAKPI, South Ibie by the Danesi branch of Okhokho Ruling House is hereby declared null, void unconstitutional and of no effect."

The Court of Appeal however held and explained that the Danesi branch should be allowed to present a suitable candidate and if it failed and the secretary to the traditional council declared that it has failed, then, the Oghiator branch would be entitled to present a suitably qualified candidate. The Court of Appeal explained as follows:    

“The right to present a candidate to fill the vacant stool of the Clan Head or Aidonogie or Iyakpi, South Ibie still lies with Danesi branch of Okhokho Ruling House, until when they are unable to present a qualified candidate as required by Exhibit B2 and so declared by the secretary of the Traditional Council, as required by Section 14(1) (c) of the Traditional Rulers and Chiefs Edict, 1979. It is only then the Oghiator branch would be capable to present an alternative candidate.”

Dissatisfied with the Appeal Count verdict, Alhaji Danesi headed to the apex court but in Appeal SC. 274/2004, it was dismissed on November 17, 2007 with a cost of N10,000 to each set of respondents.

The petitioner noted that dismissal of the appeal by the Supreme Court invariably means the affirmation of the judgment of the Court of Appeal which had earlier upheld that of the High Court.

Against the backdrop of the failure of the Danesi branch to present a candidate for the coveted stool, he argued that he was unanimously chosen, as it became the vested right of the Oghiator branch of the Ruling House to present a candidate as of 16 June 2003, after which it will then become the turn of the Danesi branch.

As a way out, he said that the Edo State House of Assembly amended the Declaration of Customary Law Regulating Succession to Traditional Ruler Title B.S.L.N 136 of 1979 on 22 December 2006 to make provisions for the regulation of succession to traditional headship of Aidonogie of South Ibie to the effect that the candidate for the office of the Aidonogie need not be the eldest surviving son of the last Aidonogie from any branch of the Ruling House

Challenged, Justice Ehigiamusoe explained that the amendment of the Declaration does not apply to Alhaji Aliyu Danesi as his appeal was still pending at the Supreme Court and the law and declaration have no retrospective effect, adding that the amendment merely regulates future events and not any previous issue.

Justice Ehigiamusoe at page 32 of the judgment held thus: “This simple and ample conclusion to this matter is that the Court of Appeal decisions stands as no determination of issues came up in the Supreme Court.

"I agree that constitutionally, Sections 4, 6, 7 of the CFRN 1999 as amended, the State House of assembly can make laws therein provided but then the tussle was still in the courts. Only the extant law at that time the suit was filed will determine the issues pending then and not the new law of 2006.”

He recalled that the use of the acronym HRH by Alhaji Danesi in Suit No HAU/68/2000 between Alhaji K Danesi v Professor I. B. Bello-Iman & Ors drew the ire of Justice Ikponmwen, who scolded him for claiming a title that was in clear violation of several courts decisions, before throwing out the case.

He disclosed that after his appointment last year by former Governor Godwin Obaseki, Alhaji Danesi further sued him and the Edo State Government in Suit No: B/62OS/2024 on the same subject matter, alleging that through ex parte application, he obtained an interim injunction while concealing the numerous judgments which nullified his appointment from the court.


He concluded: "I humbly appeal to the government, in line with its goal and resolve to respect the rule of law, transparency and accountability, to dismiss the application of Alhaji Danesi and redirect him to have the issue determined by the Court since he has already sued Edo State Government and me in court."



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