BREAKING: Obi, Sole Custodian, Overlord Of All Lands In Ogwashi-Uku Kingdom, Delta High Court Rules
By Owa-Oyibu
In a decisive ruling delivered today, the Delta State High Court sitting in Owa-Oyibu has once again affirmed the exclusive custodial and proprietary rights of the Obi of Ogwashi-Uku over all lands within Ogwashi-Uku Kingdom, firmly reinforcing a growing body of judicial authority on land ownership in the Kingdom.
Presiding, Hon. Justice M. O. Omovie dismissed in its entirety an application seeking to set aside the judgment in Suit No. O/50/2021, describing the application as lacking merit and incapable of dislodging a valid, subsisting judgment of the High Court.
The suit, which was originally instituted between HRM Obi (Dr) Ifechukwude Aninshi Okonjo II, the Obi of Ogwashi-Uku Kingdom, and PWAN & Persons Unknown, concerned ownership and control of the land located behind the Delta State Polytechnic, as well as broader land rights in Edo Ogwashi-Uku and the entire Ogwashi-Uku Kingdom.
BACKGROUND: A LANDMARK JUDGMENT ALREADY SETTLED THE LAW
The judgment sought to be overturned was delivered on Monday, 23 June 2025, by Hon. Justice H. O. Akpotohwo, who made far-reaching and unequivocal findings on land tenure in Ogwashi-Uku Kingdom.
The court held, among others, that:
1. Subject to the Land Use Act, 1978, the Obi of Ogwashi-Uku is the overlord, trustee, and custodian of all lands in Ogwashi-Uku Kingdom, including the land behind the Delta State Polytechnic, to be held in trust for the benefit of all Ogwashi-Uku people.
2. Any sale, alienation, mortgage, or disposition of land within Ogwashi-Uku Kingdom without the consent and approval of the Obi is null, void, and of no legal effect whatsoever.
3. No individual or group has the right to parcel, advertise, mortgage, develop, or deal in any land in Ogwashi-Uku without the express consent of the Obi.
4. Any entry upon land in Edo Ogwashi-Uku without the Obi’s consent constitutes trespass.
5. A perpetual injunction was granted restraining the defendants—including all persons unknown—from entering, advertising, selling, alienating, or otherwise dealing in any land in Edo Ogwashi-Uku or any part of Ogwashi-Uku Kingdom without the Obi’s consent.
TODAY’S RULING: COURT REJECTS ALL ATTEMPTS TO RE-LITIGATE
Aggrieved applicants, including Diokpa John Nwachokor Utomi, Diokpa Francis Iwedike Utomi, and Mr. James Chekwube Utomi, had approached the court seeking to nullify the judgment, contending that they were not parties to the suit, were not served with court processes, and disputing the Obi’s status as overlord of all lands in the Kingdom.
The application, argued by Barrister Larry Olisa, was comprehensively opposed by Chief Arthur Obi Okafor (SAN) on behalf of the Obi of Ogwashi-Uku.
In a firm and unambiguous ruling delivered today, Justice Omovie dismissed all the claims, holding that the judgment sought to be set aside was valid, binding, and properly made, and that the applicants had failed to establish any legal basis for reopening or nullifying it.
A CLEAR JUDICIAL CONSENSUS EMERGES
By today’s ruling, the Delta State High Courts have once again spoken with one voice on land ownership in Ogwashi-Uku Kingdom, consistently affirming that all land vests in the Obi of Ogwashi-Uku, and that no sale or dealing in land within the Kingdom can lawfully occur without his consent.
Legal observers note that this decision further shuts the door against serial litigation, speculative land sales, and attempts to undermine settled customary and judicial authority in Ogwashi-Uku Kingdom.
The ruling delivered today stands as yet another judicial reaffirmation in addition to several other similar court judgements of the Obi’s constitutional, customary, and legal role as custodian and trustee of all Ogwashi-Uku lands, bringing renewed clarity and finality to land matters in the Kingdom.
