“Supreme Court Judgment Must Be Implemented” — Court Grants Ewu Monarch Leave To Sue State Govt, Issues Garnishee Order Over ₦13m Costs

The Edo State High Court sitting in Benin City has granted His Royal Highness Jafaru Isesele I, the Onogie of Ewu, leave to commence judicial review proceedings against the Edo State Government and other relevant authorities over the alleged failure to implement the Supreme Court judgment recognising his entitlement to the traditional stool of Ewu Kingdom.

The court also granted a Garnishee Order Nisi in favour of Isesele against Prince Rasak Ogiefo in separate proceedings seeking to recover ₦13 million in outstanding costs awarded by the Supreme Court in two decisions arising from the longstanding chieftaincy dispute.

Both orders were made by Justice I. O. Omotoso of the Edo State High Court, Benin City, following separate ex-parte applications filed by Isesele on September 30 and October 7, 2026, respectively.

The applications, filed in Suit No. B/242/2026, were argued by the applicant’s counsel, K. O. Obamogie (SAN).

The development marks another legal turn in the dispute over the traditional leadership of Ewu Kingdom, particularly concerning the implementation of the Supreme Court judgment delivered on July 19, 2024, in Appeal No. SC.147/2014, between Prince Rasak Yesufu Ogiefo and His Royal Highness Jafaru Isesele I & Ors.

The apex court had confirmed Isesele’s entitlement to the traditional stool rather than Prince Ogiefo, who was identified as the present occupant.

In his application for judicial review, Isesele sought permission to institute proceedings against the Governor of Edo State, the Edo State Executive Council, the Attorney-General of Edo State, the Commissioner for Local Government and Chieftaincy Affairs, Esan Central Local Government Council and Esan Central Traditional Council.

Among the reliefs sought is an order of mandamus compelling the relevant state authorities to implement the Supreme Court judgment and formally recognise him as the legitimate Onogie of Ewu.

He is also seeking orders directing the authorities to approve, present and issue him the Staff of Office and accompanying certificate or instrument of recognition in accordance with the judgment.

The applicant further wants the court to compel the respondents to take all necessary administrative steps to give practical effect to the Supreme Court’s decision, including the publication or issuance of appropriate official instruments recognising his position.

Isesele maintained that despite the subsisting judgment of the apex court, the relevant state authorities had failed to take the necessary steps to implement it.

Relying on Section 287(1) of the 1999 Constitution, as amended, he asked the court to declare that the Supreme Court judgment is binding on the respondents and that they cannot lawfully refuse or neglect to give effect to it.

He also sought an order compelling the respondents to pay him the financial benefits attached to the office of Onogie of Ewu with effect from August 6, 1997.

According to the application, the financial entitlements had previously been adjudged by the High Court in Suit No. B/437/2001 on February 10, 2005, affirmed by the Court of Appeal on February 14, 2014, and subsequently reaffirmed by the Supreme Court in its judgment of July 19, 2024.

After considering the application, Justice Omotoso held that Isesele was entitled to institute the judicial review proceedings.

“I am of the opinion that it is well within the rights of the Applicant to bring this application,” the judge held.

The court consequently granted leave for judicial review and directed Isesele to serve the Motion on Notice on the respondents to enable the court to determine the substantive application.

The matter was adjourned to January 19, 2027, for the hearing of the Motion on Notice.

The ruling permits Isesele to pursue the requested orders against the state authorities but does not itself constitute a final determination compelling the implementation of the judgment.

Meanwhile, in the related garnishee proceedings, Isesele sought to recover ₦13 million in outstanding judgment costs awarded against Prince Ogiefo by the Supreme Court.

The amount comprises ₦3 million awarded as costs in the Supreme Court judgment delivered on July 19, 2024, and an additional ₦10 million awarded in the apex court’s ruling of June 5, 2026.

Both awards arose from proceedings connected with Appeal No. SC.147/2014.

To recover the outstanding costs, Isesele applied for a Garnishee Order Nisi attaching funds standing to Ogiefo’s credit in identified bank accounts, including an account with Zenith Bank, as well as any other account maintained by the garnishee bank for the judgment debtor, to the extent necessary to satisfy the outstanding judgment costs.

After considering the affidavit evidence, accompanying exhibits and written address presented by counsel to the applicant, Justice Omotoso granted the application.

“A Garnishee Order Nisi is hereby granted,” the court ordered.

The judge consequently directed the garnishee to show cause why the order should not be made absolute.

The garnishee proceedings were adjourned to December 16, 2026, for that purpose.

The order is provisional, pending the garnishee’s response and the court’s determination of whether it should be made absolute.

The two proceedings have brought renewed attention to the enforcement of the July 19, 2024, Supreme Court judgment and the subsequent ruling of June 5, 2026, particularly the recognition of Isesele’s status as Onogie of Ewu and the recovery of the outstanding costs awarded in his favour.

While the judicial review proceedings seek to compel the relevant Edo State authorities to give practical effect to the apex court’s judgment, the garnishee proceedings concern the enforcement of the separate monetary awards against Prince Ogiefo.

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