In a strong judgment delivered on Thursday, the Delta State High Court sitting in Owa-Oyibu has once again upheld the exclusive custodial and ownership rights of the Obi of Ogwashi-Uku over all lands within the Ogwashi-Uku Kingdom, further strengthening existing court decisions on land ownership in the area.
Presiding over the matter, Hon. Justice M. O. Omovie dismissed in full an application seeking to overturn the judgment in Suit No. O/50/2021, ruling that the request lacked merit and could not invalidate a valid and subsisting decision of the court.
The original suit, filed by HRM Obi (Dr.) Ifechukwude Aninshi Okonjo II, the Obi of Ogwashi-Uku, against PWAN and other unidentified persons, centered on the ownership and control of land behind the Delta State Polytechnic, as well as broader land rights across Edo Ogwashi-Uku and the entire kingdom.
The judgment being challenged was earlier delivered on June 23, 2025, by Hon. Justice H. O. Akpotohwo, who made clear and far-reaching pronouncements on land tenure in Ogwashi-Uku. In that ruling, the court held that, subject to the Land Use Act of 1978, the Obi of Ogwashi-Uku is the overlord, trustee, and custodian of all lands in the kingdom, holding them in trust for the benefit of the people. It further declared that any sale, transfer, mortgage, or other dealings in land without the Obi’s consent are null and void, and that no individual or group has the authority to subdivide, advertise, develop, or otherwise deal in land without his express approval. The court also ruled that unauthorized entry onto land in Edo Ogwashi-Uku amounts to trespass and granted a perpetual injunction restraining all persons from dealing in any land within the kingdom without the Obi’s consent.
However, the applicants Diokpa John Nwachokor Utomi, Diokpa Francis Iwedike Utomi, and Mr. James Chekwube Utomi had asked the court to set aside the judgment, arguing that they were not parties to the original suit, were not served with court processes, and disputing the Obi’s status as the overall custodian of the kingdom’s lands. Their application, argued by Barrister Larry Olisa, was strongly opposed by Chief Arthur Obi Okafor (SAN), who represented the Obi of Ogwashi-Uku.
Delivering his ruling, Justice Omovie rejected all the claims, holding that the earlier judgment was properly made, valid, and binding, and that the applicants failed to present any legal grounds to justify reopening or nullifying it.
Legal analysts say the decision reflects a clear and consistent judicial position on land ownership in Ogwashi-Uku Kingdom, with the courts repeatedly affirming that all lands vest in the Obi and that no lawful transactions can take place without his consent. The ruling is also seen as a decisive step against repeated litigation, speculative land dealings, and attempts to undermine established customary and judicial authority in the kingdom.
Overall, the judgment adds to a growing list of court decisions reinforcing the Obi’s constitutional, customary, and legal role as trustee and custodian of all Ogwashi-Uku lands, bringing greater certainty and finality to land matters in the kingdom.
Read also: I’m dedicated to upholding the rule of law – Obi of Ogwashi-Uku
