Contact Address:
C/o E. O. Ekpoko, Esq,
40, Cemetery Road,
Warri,
Delta State.
GSM: 08033918605
Date: June 18, 2012
His Excellency,
Dr. Goodluck Ebele Jonathan GCFR,
President,
Federal Republic of Nigeria,
Presidential Villa,
Aso Rock,
Abuja.
Your Excellency,
ITSEKIRI BOAT REGATTA: OGBE-IJAW FALSE CLAIM:
MR. PRESIDENT, PLEASE, INTERVENE!
We do not wish here to REOPEN any cases already decided by the Supreme Court and, for that matter, any court of competent jurisdiction in Nigeria. What we intend to do is to call Your Excellency’s attention to the fact:
a) That the Ogbe-Ijaw are being left to ridiculously inflict abuse and injury on our justice system – a justice system Your Excellency now presides over – by recklessly rubbishing firm decisions of our Supreme Courts made nearly half a century ago, and
b) To de-bunk and bury, once and for all, this false hackneyed claim that Ogbe-Ijaw in Old Warri township means more than a mere name. There is Ogbe-Sobo (Aladja); there is Ogbe-Udu and there is even an Ogbe-Ijoh in Onitsha Market.
This step is necessary to prevent the unwary from being hoodwinked by the propaganda of the Ogbe-Ijaw. We know that the objective and the generally fair-minded Nigerians know the truth. The Ogbe-Ijaw had all the chance in the world up to 1967 to present their evidence, issues, documents and what-have-you to the courts, but failed or went to sleep, but now wake up to foul the air, making these spurious claims. We will refer to just a few cases they have touched.
In Suit No. 25 of 1926,Ometan, for Agbassa Urhobo claimed against Dore Numa, for the Itsekiri, the ownership of nearly the whole of Old Warri Township, covered among others, by Leases B2 of 1906 (360 acres), B5 of 1908 (90 acres) and B7 of 1911 (350 acres). These were leases granted to the Crown by the Itsekiri landlord.
Specifically, Lease B2 of 1906 was called Ogbe-Ijoh area of the Old township. The Ogbe-Ijaw now claiming the same area today never challenged the Agbassa Urhobo, but went to sleep for all the years between 1926 to 1933, when the Itsekiri fought the matter against Agbassa and won in the Supreme Court (now High Court) in 1929, and won in 1931 in the Full Court (now Supreme Court) and finally won in the Privy Council, London in 1933. The Ogbe-Ijaw did not even join the suit to challenge Agbassa, who were claiming “their” purported land against the Itsekiri grantors!
The Ogbe-Ijaw waited till 1956 (23 years after the Privy Council decision) to ask their Izuokumo and 5 others to sue Itsekiri before Justice Rhodes-Vivour in Suit No. W/148/56 claiming the same Lease B2 area of 1906, against the Itsekiri. After several adjournments, amendments and prevarications by them, over eight (8) years, they dramatically sought to discontinue their claim after a date had been fixed to hear the case. The late Godwin Boyo, Esq., counsel to the Itsekiri insisted that the case should go ahead, unless the Ogbe-Ijaw Plaintiffs were prepared to discontinue under Order 28 Rule 2 of the High Court (Civil Procedure) Rules Cap. 44 Laws of Western Nigeria, in order to prevent the frivolous Ogbe-Ijaw claim from hanging indefinitely over the Itsekiri people who had won their case at the Privy Council and had owned and possessed their land from time out of memory. The Ogbe-Ijaw did so and the judge decided, making a firm and clear reference and order that whilst the case was being discontinued and struck out, the Ogbe-Ijaw people were barred for all times, from making any claim in respect of Warri and against the Itsekiri.
Aggrieved by this decision, the Ogbe-Ijaw went on appeal. Strangely, they have failed to mention the Supreme Court No. SC/450/65 decision on this vital matter because of the humiliation and permanent legal disability it imposed on them. Retired Justice J. A. P. Oki, then Ogbe-Ijaw Counsel, argued their case. The 3-man Panel headed by Sir Lionel Brett, failed to be impressed and refused to call on retired Justice R. A. I. Ogbobine, then Counsel to the Itsekiri to reply and decided against the Plaintiffs on 24th April, 1967, barring them never, ever to make this frivolous claim to Warri against Itsekiri. We challenge Ogbe-Ijaw to deny this Supreme Court decision and the implicit humiliation which have sealed their fate on this Warri claim.
IDLE TALKS:-
THE COPIOUS CONFESSIONAL LETTERS OF CHIEF DORE!
* We ask why the Ogbe-Ijaw did not join Agbassa to tender these documents purportedly made in August 1923 when Agbassa were in court against Chief Dore, from 1926 to 1933?
* If they did not do that, why did they not tender them, if they had existed and were genuine, when they themselves faced Itsekiri in the courts over Warri ownership from 1956 to 1967?
The truth about these fake letters has been fully dealt with in Chapter 2 of the Book, Warri: A Focus on the Itsekiri. (Edited by J. O. S. Ayomike, it is available all over Warri). The “letters” centered around the two lawyers who fought the Agbassa case: S. I. Bucknor, Esq., for Agbassa and Graham Paul, Esq., for Chief Dore. For our purpose here, we will just say that when Chief Dore’s Counsel heard about the “letters”, he got S. I. Bucknor to appear under Subpoena in Suit No. W/25/26: Ometan vs. Chief Dore to prove them. The Agbassa lawyer disavowed them. Thus definitively proved as forged documents, the letters which have since gone under never surfaced till now. All these letters were purportedly done about the same time in August, 1923!
WHAT A HELL ABOUT OGBE-IJOH IN OLD WARRI TOWNSHIP!
It is the area so-called because of Ogbe-Ijaw fishermen on a creek across the Warri river who were coming over to the township, from towards the end of the 19th century to sell fish to the inhabitants of the growing Warri township. That casual circumstantial development over a century ago did not confer ownership title of Warri-land leased to the Crown in 1906 on the squatting fish-sellers who, when the time came, were properly evicted. According to William Moore at pp 111-2 of his book – History of the Itsekiri, Ogbe-Ijoh land was annexed under a separate deed in 1906 and the Ijoh squatters there evicted by the Itsekiri landlords by virtue of the Olu-Itsekiri.
Today, there is Isoko Garri Market in Warri; there is Hausa Market, there is Ibo Market, there is McIver Market and a section of Onitsha Market is called Ogbe-Ijoh – an area that derived its name from Ugborodo people who hauled their crayfish from Ogbe-Ijoh Market to sell there during glut in those days. Who owns that land in Onitsha: Ugborodo Crayfish-Sellers or Ogbe-Ijoh Fish-Sellers?
And besides Ogbe-Ijoh, we have adjacent communities bearing Ogbe-Sobo (now Aladja) and Ogbe-Udu (Urhobo). After the royal princes from Ode-Itsekiri (Big Warri) had established a trading post on the Northern bank of the Warri River about the mid-1850s, they named the trading post, Ogbe after their Ogbe Royal Quarters in Ode-Itsekiri (as Ogbe for royal quarters in Benin). As the new Ogbe (Itsekiri) grew, near-by communities as shown above, took on the pre-fix: Ogbe-, like Ogbe-Ijaw did, as a mark of spreading the popularity of the new trading post.
This was the syndrome in those early days and no-one, including Chief Dore ever imagined, that it was going to be used in future to make false claims to land in Warri. In fact, there was no known Ijaw man in Warri in those days. The first and only one Ijaw family that came to settle in one of the sub-leases was Agidee.
Then Papas Brisibe and Bozimo who came to settle to run their prosperous B&B Creek transport. Our forebears told us that other Ijaw people came from “Menhenin” (Mein) to sell sugar-cane, plantain and snails in Ogbe-Ijo market.
Now at this point, we can say emphatically, as clearly exposed, that any Ogbe Ijaw claim to the Lease B2 area of 1906 in Warri township has failed signally and woefully within the contexts of (a) the Agbassa claim in Suit No. 25 of 1926 that, as shown above, ended in the Privy Council in 1933 and (b) their own claim (W148/56) at the High Court that ended in the Supreme Court in 1967 and which BARRED them never to try the frivolous case against the Itsekiri again.
OGBE-IJAW COMMUNITY ON THE CREEK ACROSS WARRI RIVER
In the Supreme Court SC/134/71 before His Lordships
GEORGE BAPTIST AYODOLA COKER JUSTICE, SUPREME COURT
GEORGE SODEINDE SOWEMIMO JUSTICE, SUPREME COURT
DANIEL ONWURA IBEKWE JUSTICE, SUPREME COURT
on the appeal against the High Court decision of Justice Obaseki, the following parties were involved:
BRIGBO (m) & 9 ors DEFENDANTS
IN RE:1. Brigbo (m) All of
2. Whandjan (m) Arotongha
3. Window (m) Creek
4. Torowe Numa (m) (for themselves DEFENDANTS/
5. Epibitimi (m) & on behalf of APPELLANTS
Numa family of
Ogbe-Ijohj
at Arotongha)
1st
Appeal VERSUS
1. Eyin Pessu (m) (for themselves
2. Akoweh Apoh (m) & on behalf of PLAINTIFFS/
3. Erejuwa II, Irigbo family of RESPONDENTS
The Olu of Warri Big Warri)
AND
BRIGBO (m) & 9 ors DEFENDANTS
IN RE: Akuke Awe (m) (for himself & on
behalf of the entire DEFENDANT/
Ijaw people of Gbekebor, APPELLANT
Western Ijaw)
VERSUS
1. Eyin Pessu (m) (for themselves
2. Akoweh Apoh (m) & on behalf of PLAINTIFFS/
2nd 3. Erejuwa II, Irigbo family of RESPONDENTS
Appeal The Olu of Warri Big Warri)
4. Torowe (m) (for themselves
5. Epibitimi (m) & on behalf of
Numa family of DEFENDANTS/
Ogbe-Ijohj RESPONDENTS
at Arotongha)
The Supreme Court on 4th October, 1974 decided against all Defendants/Appellants as follows in favour of the Plaintiffs/Respondents; part of the judgment says:
“…The appeals also fail and are dismissed. We affirm in all respects the judgment of the High Court in this case, except that instead of the declaration of “possessory title” awarded we substitute a declaration of title under native Law and Custom.
The appellants will pay to the respondents the costs of these appeals which we fix as follows:
a) 1st and 2nd sets of defendants will pay costs of N140 to the 1st and 2nd plaintiffs;
b) 3rd set of defendants will pay costs of N140 to the 1st and 2nd plaintiffs;
c) 1st and 2nd sets of defendants will pay costs of N140 to the 3rd plaintiff;
d) 3rd set of defendants will pay costs of N140 to the 3rd plaintiff.
(Sgd.) G. B. A. Coker
JUSTICE, SUPREME COURT
(Sgd.) George S. Sowemimo
JUSTICE, SUPREME COURT
(Sgd.) Daniel Onwura Ibekwe
JUSTICE, SUPREME COURT
Chief Mitairo Unurhoro for 1st set of appellants.
Mr. G. O. K. Ajayi (Mr. A. O. Akpedeye with him)
for 2nd set of appellants
Mr. J. A. Cole (Mr. E. A. Akinola with him)
for 1st and 2nd respondents
Chief F. R. A. Williams (Messrs. O. N. Rewane &
S. A. Ajuyah with him) for 3rd respondent.”
There is nothing Ogbe-Ijaw can hide or deny now about this case. This Supreme Court decision confirmed Justice Obaseki’s High Court judgment in W/148/56. Before the foregoing, Chief Apoh had in 1928 claimed and won the Aruntaghan Creek and its surrounding lands under the overlordship of the Olu around Ode-Itsekiri on behalf of Irigbo-Okotomu people before a native court panel that included one Mr. Buluku, an Ijaw from Kiagbodo. In 1938 the same Apoh and Okotie of Irigbo/Okotomu had also obtained another judgment against the Ogbe-Ijaw/Isaba Ijaw Communities on the creeks.
Before the Supreme Court decision in 1974 these Ijaw had in Suit W/32/42: Tubobi vs. Subaiko Numa and Apoh and in an earlier one W/152/42 lost claims to lands of Okotomu/Irigbo.
Then in 1931, Mr. R. B. Kerr, then Assistant District Officer, Warri in his Intelligence Report confirmed the express wish of Ogbe-Ijaw to remain on Itsekiri land after a secured approval from the Itsekiri to allow them so to do. We submit that the combined effect of the decided cases and R. B. Kerr’s Intelligence report had led to the making of the of the Western Region Legal Notice No. 176 of 1955 which defined Warri homeland boundary with Burutu’s.
It was the finality of these various court decisions that impelled the late Chief A. A. Bakuma and over 80 Ijaw elders in their oracular wisdom in 1980 to appeal to their Ijaw brothers to stop making further court cases against the Itsekiri over their lands – Nigerian Observer of 5th July, 1980, p.11.
Now that we have clearly shown that Ogbe-Ijaw ownership claim to any land within the old Warri township i.e. Lease B2 of 1906 is baseless and also revealed that they don’t have any real claim to their Ogbe Ijaw community/clan across the Warri river (the root or source of the name of the Ogbe-Ijoh Fish-Market in Warri township) – their latter claim having being totally massacred by the Apohs and Okoties of Irigbo/Okotomu (Ode Itsekiri) from 1928 to the Supreme Court in 1974, we can quickly dismiss all their other false claims as follows:
* Whether by any ordinance or not, a market called Ogbe-Ijoh was built on any part of the 360-acre Lease B2 area after it was leased to the Crown in 1906 is irrelevant. It was the business of the Crown that held the lease for 99 years from that day.
* The Crown made the Ogbe-Ijoh Layout in 1924 – 18 years after holding the lease. It granted sub-leases to all persons: Yoruba, Ibo, Itsekiri, Urhobo, Ijaw, etc. Mr. Agbeyegbe, an Itsekiri took a sub-lease of Ogbe-Ijoh not from an ethnic group, but from the Crown who held the lease. Agidee as indicated earlier, Emuakpor, Mukoro Mowoe, Alders (Yoruba), etc, etc did not obtain sub-leases from Ogbe-Ijaw but from the Crown. Like the Crown did to the Binis & Sapele Okpe when Independence was getting near, it returned in 1958 Lease B2 of 1906 by a Deed of Assignment (and the other two leases in Warri) to the Itsekiri – the original owner and grantor who under another Deed of Mandate re-issued the subleases (taken over) to those holding them from 1959 for 99 years. Igbe-Ijaw never knew and were never involved in these ownership transactions.
* Ogbe-Ijoh Tax-Payers Roll in 1928 had nothing to do with ownership of land. It was a compilation of the list of people eligible to pay poll-tax in 1928, the year it was imposed in the Province.
* Chiefs’ Law 1952 – Exclusion Clause. It is ridiculous and laughable that anyone can think of marshalling this innocent action of government in the run-up to the Western Region Self-Government as indicating claim to ownership of lands. Replacing the old Warrant Chiefs’ System in the region, the Western Government in Ibadan had appointed several minor chiefs in the hope of beefing up security and burnishing the image of the evolving new self-Government. Two or so new minor Ijaw chiefs were appointed in the Ogbe Ijaw local council under the Warri Divisional Council. In the fairness of the British, in case there was any dispute in the Ijaw areas, the final selection was not left to the Paramount Oba/Chief of the division but to the governor-in-Council. The exclusion clause – so it was called – occurred in the gazette for several Divisions in the Region, and could by no stretch of imagination have conveyed ownership right over land. It is only Ogbe-Ijaw and people of their ilk that could think of such preposterous idea!
* Nigerians know the ethnic nationalities that were aggregated in 1914 to form Nigeria. Nigerians know there were Ijaw Kingdoms and communities from Forcados River to Opobo River. No historical literature ever mentioned Ogbe-Ijoh or Ogbe-Ijaw as a clan or community until P. C. Lloyd described in his works in 1957 an Ijaw settlement of Ogbe-Ijaw in Itsekiri country.
* The Itsekiri idea of a traditional ruler i.e. Olu, Oba, Pere, Obi, Ovie or Emir is well-known: one who sits on an ancient throne and reigns over his people who own and live on their land. But we know Nigeria is where anything can happen. There are traditional rulers that exist like Eze Igbo of Lagos or Abuja who reign over their people on foreign lands. We take no issues with such ones and wish them good luck.
* That no amount of extraneous and self-satisfying argument can be a substitute for, or alter the unquestionable legal position that the Ogbe-Ijaw people, be it today or tomorrow, have no legal right, whatsoever, over an inch of land in Warri, no matter what name that inch of land bears.
MR. PRESIDENT, PLEASE INTERVENE: SOUTH, SOUTH ZONE OR NIGER DELTA REPUBLIC?
We are hard-pressed, but not crushed; we are perplexed, but not in despair; we are in a quandary; we wonder what is happening and we seek Your Excellency, as the father of us all, to intervene.
Why have the Ogbe-Ijaw come up with guts to assert that Itsekiri in Warri, their homeland, should not mount the traditional regatta ceremony on the Warri Rivers to celebrate their Olu’s 25th anniversary? With the threat, oppression and suppression implied?
In July 1994, a group of Ijaw petitioned Her Majesty, Queen Elizabeth II of England and copied the Attorney-General & Minister of Justice in Abuja asking her to abrogate the Treaties of friendship and protection “signed between the Ijaws and British Government on 25th of January 1836 in Bonny”. And in a similar letter to President Clinton later, the same group prayed him to influence the British to “create and confirm the Niger Delta of Nigeria as a “NO FLY OVER OR NO GO AREA.” The Ijaw Toru-Ebe state request taking parts of Itsekiri, Benin and Ilaje lands across the coast to Ondo State is generating its wahala.
And on 2nd March, 2012, the Ijaw National Congress (INC) forwarded to Your Excellency their paper on their 10-zone Nigerian federation proposals in which they included the homelands of the Itsekiri, Urhobo and Isoko – not to talk of those of the Binis & others – within their Ijaw 10th zone. Do we and others today deserve this expansionist menu from our Ijaw neighbor? And one special assistant in the Presidency, who described himself foolishly as General-Shoot-at-Sight in a recent media statement to the Itsekiri Leaders of Thought is another menacing idea!
Truly, we are worried that after fifty years of Independence this HOBBESIAN tendency is allowed to breed. It is only an abiding belief in the rule of law and due process in a Democratic state that can make us hold on to a hope of better tomorrow. The primacy of law increasingly rings hollow when the authorities allow such anarchic developments.
Finally, we regard Your Excellency as “the father of us all” – no doubt, we all demonstrated this at your election last year – even though some seek to call Your Excellency, “our son” today. Boko Haram is causing deaths, panic and general insecurity. And Nigerians are genuinely worried. The issues we have high-lighted in this statement are equally causing bitterness, distrust, distress and a great fear of Your Excellency’s true position on them. It is time Your Excellency should speak up.
We remain.
For and on behalf of the
Warri Study Group
____________________ _______________
E. O. EKPOKO, ESQ. TONY EDE
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