An Edo State Area Customary Court sitting in Iguobazuwa, Ovia South-West Local Government Area of the state, on Friday dismissed a motion for stay of execution sought by one James Igbinadolor Iyangbe against the court’s earlier judgment.
The court consequently awarded a cost of three hundred thousand (N300,000) against Pa. James Igbinadolor in favour of the three respondents, Pa. Sunday Oyenmwense, the Odionwere of Obagie Village¸ Pa. Stephen Osaretin Oyenmwense and Comrade Osamuyimwen Oghagbon.
It will be recalled that the court had recently declared Pa Oyenmwense as the rightful and appropriate person to be installed as the head of Obagie Village on Upper Ekehuan road in Ovia North-East Local Government Area of the state.
Pa. Oyenmwense, suing for himself and on behalf of the community had in suit no. OSWAAI/2T/2013 had dragged Mr. James Igbinadolor Iyangbe (first defendant), Pa. Stephen Osaretin Oyenmwense (second defendant) and Comrade Osamuyimen Oghagbon (third defendant) before the court.
Claiming among others, Pa. Sunday Oyenmwense contended that the second defendant was not the rightful person to be installed as Obagie village head.
He maintained that Mr. Iyangbe unilaterally declared himself as the village head without recourse to the tradition and custom of Obagie Village and by extension, Benin Kingdom.
The plaintiff added that the second defendant, Pa. Iyangbe is related to Obagie maternally and not qualified for the headship of Obagie according to their tradition and custom, hence his action in court.
Ruling on the suit, President of the Area Customary Court, Mrs. I. Osawaru, declared and granted all the claims and reliefs sorted by the plaintiff and the second defendant, Pa. Oyenmwense.
The court also awarded a cost of N400,000 against the Iyangbe as well as restraining him perpetually from parading himself as the village head.
The court further declared that Pa. Stephen Osaretin Oyenmwense (second defendant) not other person should be installed as the village head being the rightful and appropriate person for the position.
Following the order of the court, Pa. Stephen Osaretin Oyenmwense was last month installed as Obagie village head by the elders and people of the village.
Apparently not satisfied with the execution of the judgment by the second defendant, Mr. James Igbinadolor Iyangbe through his counsel, P.E. Owachu esq, filed an application for stay of execution of the judgment.
The applicant hinged his argument on the ground that there will be crisis, breakdown of law and order and lack of peace if a new Odionwere is installed in Obagie Village as ordered by the court.
Iyangbe further submitted that to avoid breakdown of law and order, there should be a stay of execution of the judgment so that the applicant, Pa. James Igbinadolor Iyangbe can continue as the Odionwere of Obagie Village.
Counsels to the three respondents, Aitivie Emmanuel, Edoba Osifo and Frank Edebor, in their separate submissions, opposed the application.
They contended that the applicant filed his motion for stay of execution rather too late as the second respondent was already installed as the Odionwere of the village.
They submitted that once an act (judgment) has been executed by the executioner, the court cannot stay of execution, citing the case of Zenith Bank Vs. John, delivered by the Supreme Court in Nigeria.
The court in its ruling delivered by Mrs. Osawaru, held the arguments and prayers of the respondents’ counsels, describing the applicant’s motion as an attempt to give a drug to a dead man for his ailment.
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