By Ehichioya Steve Odion
The Onogie of Ewu in Esan Central Local Government Area of Edo State, His Royal Highness (HRH) Jafaru Isesele 1, has called on the new Edo State Police Commissioner, CP Monday Agbonika to execute the Supreme Court Judgement in Appeal No. SC147/2014 on the stool of the Onogie of Ewu, wherein the apex court ordered Prince Razak Yusuf Ojiefo who has been occuping the Palace illegally; to vacate the Palace of the Onojie of Ewu and pay a cost of three Million Naira to the monarch.
In a petition to the new Commissioner of Police, the Ewu monarch through his lawyer, Kingsley Obamogie (SAN) alleged that Agbonika's predecessor, the redeployed Edo State Commissioner of Police, CP Betty Enekpen Isokpan Otimenyin did not give the Edo State judiciary the necessary Police cover to execute the said Supreme Court judgement as directed by the Chief Judge of Edo State in a letter dated 24 March, 2025 and signed by Mrs. M.O. Okoeguale, a Deputy Director in the Edo State High Court Registry on behalf of the Edo State Judiciary.
In the petition titled, RE - ENFORCEMENT OF THE JUDGMENT OF THE SUPREME COURT OF NIGERIA IN SC/147/2014: PRINCE RASAK YUSUFU OGIEFO V HIS ROYAL HIGHNESS JAFARU ISESELE 1 & OTHERS, which was copied to the Honourable Chief Judge of Edo, the Honourable Attorney General of the Federation and Director, State Security Service, Edo State; the learned Senior Advocate of Nigeria noted that after all arrangements were made for the execution of the Supreme Court judgement and fixed for the 25 March 2025, the Edo State Police Command under the watch of CP Otimenyin refused to follow the Court Ballifs to Ewu under the baseless ground that the road to Ewu was blocked and that there was tension in Ewu, adding that the Police has a duty as enshrined in the Constitution of the Federal Republic of Nigeria as amended to provide armed policemen for the execution of the judgment, especially against the background that the Supreme Court judgement on the Ewu stool has even been reported in the Nigeria Weekly Law Report as Ogiefo v Isesele 1 [2035] N.W.L.R. part (1975) 1.
According to the petition, "We act for His Royal Highness, Jafaru Isesele I, the legitimate Onogie (hereinafter referred to as “our client") and on his instructions, we write you this letter in connection with the above-mentioned matter.
"On Friday, the 19" of July, 2024, the Supreme Court of Nigeria delivered its considered judgment in the above appeal dismissing the Appeal of the Appellant, Prince Rasak Yesufu Ogiefo as devoid of merit. The Apex Court affirmed the concurrent orders of the High Court of Edo State and the Court of Appeal declaring our client as the legitimate successor to the throne of Onogie of Ewu and directuing the Appellant to surrender possession of the palace of the Onogie of Ewu to our client. For the avoidance of doubt, certified true copies of the enrolled orders/judgments of the High Court of Edo State, Court of Appeal and the Supreme Court of Nigeria with respect to the above matter are attached herewith and marked as Annexures Al, A2 and A3 respectively.
Following the above judgment of the Apex Court, our client filed the necessary processes for execution of the judgment, which processes were duly processed and approved by a Judge of the High Court of Edo State pursuant to the provisions of section 287(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended".
Continuing, the petition stated that, "By a letter dated the 21st of March, 2025 the High Court of Edo State formally applied to you for armed police protection for the Sheriff/Bailiffs of the Court to execute the above judgment of the Supreme Court of Nigeria on Tuesday, the 25th of March, 2025. Again, for the avoidance of doubt, a copy of the above letter and the attached processes is attached herewith and marked as Annexure A4.
"Shockingly, after all arrangements had been made for the execution on 25th March, 2025, the police refused to follow the bailiffs to Ewu on the baseless ground that the road to Ewu had been blocked and that there was tension in Ewu community. These grounds were later confirmed by us to be false and baseless. No road in Ewu was blocked either on the 25th of March, 2025 or on any other date.
"Undoubtedly, the police have been saddled with the duty by both the Constitution and section 11 of the Sheriffs and Civil Process Law to provide protection for the
Sheriff/bailifts of court involved in execution of court judgments. No single individual or institution can be above the law. This was reiterated by the Apex Court in the above case now reported as Ogiefo v Isesele I [2025] 2 N.W.L.R. (Part 1975) 1 particularly at page 29 where the Court per Agim, J.S.C. held:
"It is trite, that no institution or person, no matter how highly placed, should be allowed to treat the courts, the cherishingly acclaimed hallowed temples of justice with disdain, levity and contempt. As aptly and most authoritatively reiterated by the Apex Court —
In the area where the Rule of law operates, the rule of self help by force is abandoned. Nigeria being one of the countries in the World which proclaim loudly to follow the rule of law, there is no room for self-help by force to operate. Once a dispute has arisen between a person and the government or authority and the dispute has been brought before court, thereby involving the judicial powers of the State it is the duty of the government to allow the law to run its course or allow the law and judicial process to run its full course. The action the Lagos State Governinent took can have no other interpretation than to show of the intention to pre-empt the decision of the court. The courts expect the utmost respect of the law from the government itself, which rules by law. See Governor of Lagos State v. Ojukwu (1986) I NWER (Pt. 18) 621.”
"Furthermore, there can be no doubt that every citizen has a plain and unqualified obligation to obey the judgment of the Court. There is a plain duty imposed on the Nigeria Police by section 287(1) of the Constitution of the Federal Republic of Nigeria,
1999, as amended, which provides as follows: -
“287(1) ‘The decision of the Supreme court shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Supreme Court.”
"In the circumstances, we hereby request you to use your good offices to direct armed police protection be given to the bailiffs of the High Court of Edo State to enable them execute the judgment of the Supreme Court of Nigeria In SC/147 2014 entered on 19tg July, 2024 affirming the aforesaid concurect judgmects of the High Cout of Edo State snd the Court of Appeal in the Ewu chieftincy matter", Obamogie appealed.
As all stakeholders in the Ewu kingship issue awaits the response of the new Edo State Commissioner of Police in the execution of the Supreme Court judgement under reference, it is clear that the provisions of the law that details the roles of the police in the lawful execution of court judgements as adumberated by K. O. Obamogie (SAN) in the petition must have informed the inclusion of a representative of the Judiciary in the Police Service Commission, a position presently occupied by Honourable Justice Paul Adamu Galumje, a retired Justice of the Supreme Court who was personally present during the posting interview which heralded the posting of CP Monday Agbonika as the new Commissioner of Police in charge of the Edo State Police Command.
Post a Comment