The Federal High Court in Benin has received a formal request to prevent the promoters of the Museum of West African Contemporary Culture and Arts from establishing or operating any museum in Benin City that deals with Benin artifacts without obtaining proper consent from the Oba of Benin.
Legal Battle Over Cultural Heritage
Chief Osaro Idah, a prominent member of the Benin Traditional Council and the Obazelu of Benin Kingdom, filed the lawsuit that seeks to protect the cultural rights of the Benin monarchy. The legal action targets both the Museum of West African Arts Ltd/Gte and the National Commission for Museums and Monuments as defendants.
The court has scheduled a hearing for November 27, 2025, where Chief Idah's motion for an interlocutory injunction will be considered. The case, identified as FHC/B/CS/107/2025, is being handled by the Benin division of the Federal High Court through his legal representative, Kelvin Mejuku of Prof. Yemi Akinseye-George (SAN) & Partners.
Key Legal Arguments and Demands
In the legal documents, Chief Idah presents a compelling case centered on the Oba of Benin's traditional role as the sole custodian of Benin Kingdom's culture, tradition, and heritage. The claimant argues that the Oba possesses exclusive authority to determine the final resting place for all repatriated looted artifacts and related heritage items.
The lawsuit specifically references Federal Government's Order No. 1 of 2023, officially 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." This order forms the foundation of the legal challenge, affirming the Oba's recognized custodianship over Benin cultural heritage.
Chief Idah seeks several important declarations from the court, including:
- Official recognition that MOWAA requires the Oba's consent to hold or display Benin artifacts
- Prohibition against using the Oba's name, title, or throne to seek endorsements, funding, or support without approval
- A perpetual injunction restraining the defendants from operating any museum in Benin City dealing with Benin artifacts without the Oba's consent
Cultural Significance and Community Concerns
In a supporting affidavit, Chief Idah emphasized that Benin artifacts represent the cultural heritage created by the ancestors of the Benin Kingdom and should not be treated as property of any private corporate entity. He noted that stakeholders, including the Benin Dialogue Group, had previously endorsed the Benin Royal Museum to be constructed within the palace grounds, with the Oba Ewuare II Foundation handling fundraising and administration.
The claimant expressed deep concern that some repatriated artifacts have already found their way into MOWAA's private museum without the Oba's authorization. He described this development as "provocative, confrontational, and calculated to undermine the authority of the Oba of Benin."
Chief Idah further argued that establishing MOWAA in Benin City without consulting the Oba violates Benin customary law and has created significant unease and tension within the kingdom. This situation directly conflicts with the Edo State Government's 2024 position reaffirming the Oba's statutory rights as custodian of Benin culture and heritage, including ownership of all stolen or looted artifacts.
The legal action represents a crucial moment in the ongoing conversation about cultural preservation and the proper stewardship of Nigeria's returned cultural treasures. The outcome of the November 27 hearing could set important precedents for how repatriated artifacts are managed and who holds ultimate authority over their display and preservation.
