The Court of Appeal, Benin Division, sitting in Benin City, Edo State, has granted an interim order staying the execution of the judgment of the Edo State High Court in the protracted kingship dispute over the stool of the Okuokpellagbe of Okpella. This order was granted on Tuesday, following an application by the Okuokpellagbe of Okpella, HRM Michael Sado. Sado had challenged the judgment of the lower court on grounds bordering on miscarriage of justice.
In March 2026, Justice O.A. Otamere of the Edo State High Court, in Suit No. HAG/12/2025, had nullified the appointment of HRM Mike Sado as the Okuokpellagbe of Okpella. The court also ordered that the deposed Lukeman Akemokue be returned to the throne. The lower court held that the process leading to the removal of Akemokue and the subsequent emergence of Sado as paramount ruler did not comply with the principle of fair hearing.
Following the judgment, the Edo State Attorney-General filed an application for stay of execution against the judgment of the lower court. At the resumed hearing, the Edo State Attorney-General, Prof. Roland Otaru (SAN), told the appellate court that the application principally sought an order staying the execution of the judgment of the trial court pending the hearing and determination of the appeal.
Otaru further informed the court that there was no counter-affidavit filed by the first respondent in opposition to the application. This development led to the court making an interim order staying execution of the judgment of the trial court. The order was made after counsel to the first respondent, D.A. Alegbe, gave an undertaking to the court.
The interim order will remain in force pending the hearing and determination of the appeal. The appellate court thereafter adjourned the matter to a date to be communicated to the parties. This decision effectively maintains the status quo in the Okpella kingship crisis, pending the resolution of the appeal.
The Okpella kingship dispute has been a longstanding issue, with different factions vying for control of the throne. The Court of Appeal's decision is expected to provide temporary reprieve to the current paramount ruler, HRM Michael Sado. However, the final resolution of the dispute remains pending the hearing and determination of the appeal.
The Court of Appeal's decision highlights the complexities and challenges in resolving traditional disputes in Nigeria. The case has been ongoing for some time, with various parties seeking to assert their claims to the throne. The court's decision to maintain the status quo is expected to provide stability in the interim, but a final resolution to the dispute is still awaited.
Key points
- The Court of Appeal has granted an interim order staying the execution of the Edo State High Court's judgment in the Okpella kingship dispute.
- The order maintains the status quo, with HRM Michael Sado remaining as the paramount ruler for now.
- The appellate court has adjourned the matter to a later date, pending the hearing and determination of the appeal.
