Court voids Edo traditional ruler’s removal, says governor abused office

A State High Court in Agenebode, Edo State, has voided the Edo State Government’s removal of Lukeman Akemokhue as the Okuokpellagbe of Okpella.

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The court held that the Edo State Governor, Monday Okpebholo, and the State Executive Council violated constitutional provisions on fair hearing by removing the traditional ruler.

Okuokpellagbe is the traditional stool and title of the paramount ruler of the Okpella community in Etsako East Local Government Area of Edo State.

Delivering judgement on 26 March in suit number HAG/12/2025, Justice O.A. Otamere ruled that the state government’s decision to depose the traditional ruler without affording him an opportunity to respond to allegations amounted to an abuse of office and was “null and void.”

Mr Akemokhue approached the court in May 2025 to challenge his removal, which was announced via a government special announcement dated 30 April 2025. He argued that the action was arbitrary and breached Section 36 of the 1999 Constitution, which guarantees the right to a fair hearing.

Background

Then-Governor Godwin Obaseki had Mr Akemokhue as the Okuokpellagbe on 27 September 2024. The appointment was gazetted on 3 October 2024.

However, Mr Okpebholo’s administration, which succeeded Mr Obaseki’s, said it discovered that the process of the selection of Mr Akemokhue as the Okuokpellagbe was fraudulent, stressing that there was no selection as required by the law. The administration deposed him in April 2025.

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Mr Akemokhue argued in court through his lead counsel, A. D. Badaiki, that the government’s action was unconstitutional.

Mr Badaiki, a professor of law and a Senior Advocate of Nigeria, also said the government’s action violated established procedures under the Edo State Traditional Rulers and Chiefs Law.

The defendants, including the Edo State Governor, the Edo State Attorney General, relevant chieftaincy authorities and Michael Sado, who was later appointed as the Okuokpellagbe after the claimant’s removal by government, had contended that the court lacked jurisdiction and that the removal was valid.

Court faults lack of fair hearing

In its decision, the court agreed with the claimant that although the state has powers under the Traditional Rulers and Chiefs Law to settle disputes in relation to traditional chieftaincy matters and to withdraw the approval of the appointment, suspend or depose, any traditional ruler in the interest of peace or order or good government, such powers must be exercised in line with due process.

Justice Otamere held that the Edo State Executive Council failed to investigate allegations against the traditional ruler or give him a chance to defend himself before withdrawing its approval of his appointment.

“The failure to accord the claimant a fair hearing renders the entire process invalid,” the judge ruled, adding that, “A public body or authority with statutory powers must act lawfully and ensure it does not overstep or misuse its authority…such withdrawal without due process is an abuse of office and should not be allowed to stand.”

The court also criticised the government for proceeding to remove the traditional ruler while the case was pending in court.

It held that the government’s action amounted to “self-help” and an attempt to overreach the judicial process, contrary to the doctrine of lis pendens, which bars parties from taking steps that could prejudice ongoing litigation.

Reinstatement

Consequently, the court declared that there was no vacancy in the stool of the Okuokpellagbe of Okpella and affirmed Mr Akemokhue as the substantive traditional ruler entitled to perform all functions and enjoy the privileges of the office.

The court further ordered Mr Sado to vacate the throne as Okuokpellagbe of Okpella and restrained the Edo State Government and its agents from initiating or recognising any process to appoint or install another traditional ruler for the community.