A Benin High Court presided over by Honourable Justice M.N. Asemota has issued FORM 48 titled NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO ORDER OF COURT to Prince Rasak Yesufu Ogiefo, threatening him with imprisonment for refusal to obey the judgment of the Supreme Court of Nigeria in Suit No.SC 147/2014 delivered on Friday, 19 July 2024 dethroning him as the Onogie of Ewu and installing His Royal Highness Jafaru Isesele I as the rightful Onojie of Ewu in Esan Central Local Government Area of Edo State.
The Court summons was published in the Vanguard of Wednesday, May 7 along with the Supreme Court judgement of 19 July, 2024, Court of Appeal judgment in Appeal No. CA/B/19/2006 delivered on 14 February, 2014 and the judgement of Edo State High Court in Suit No.457/2001 delivered on 11 February, 2005.
The Court also fixed Monday, 16 June for Prince Rasak Ogiefo to come explain to Court why he should not be committed to prison for disobeying the judgment of the Supreme Court of Nigeria.
The enrolment of the Court Order to publish all the relevant documents in the Vanguard newspaper with reference No. B/457/2001 was also published in the Vanguard newspaper of the same date.
According to the Court Order which authorised the Claimant, His Royal Highness Jafaru Isesele I, the Onogie of Ewu to publish the processes, “The Claimant/Applicant is by this order granted leave to serve Form 48 and other subsequent processes in connection with the contempt proceedings in this suit on the 1st Defendant by publication in the Vanguard Newspaper.
“Service in the manner stated above shall be deemed as good and proper service. The return date is Monday the 16th day of June, 2025”.
His Royal Highness Jafaru Isesele I
On the death of His Royal Highness Isesele Ojiefo II, the then Onogie of Ewu, on 6th August, 1997, a dispute arose as to who should succeed the late Onogie between Prince Rasak Yesufu Ogiefo, the Appellant in the Supreme Court in Suit No.SC 147/2014 who is the late Onogie’s grandson by his oldest male child who died before the late Onogie and the 1st Respondent, His Royal Highness Jafaru Isesele I
and oldest surviving male child of the late Onogie at death.
Consequently, HRH Jafaru Isesele I filed an action at the High Court of Edo State by a writ of summons dated 5th June, 2000, seeking a declaration that he is the legitimate successor of the late Onogie of Ewu. He claimed that as the eldest surviving male child of the late HRH Isesele Ojiefo Il, he is entitled to succeed his father as the Onogie of Ewu based on Ewu customary law as codified in the Bendel State Legal Notice 1979 (“BSLN 1979”) which establishes that succession to the throne of Qnogie of Ewu is by primogeniture, which is the eldest surviving son of the Onogie.
Prince Rasak Yesufu Ogiefo, the 2nd and 3rd Respondent filed their joint statement of defence and together with the 4th -6th Respondent, they counter-claimed for a declaration that the Appellant, Prince Rasak Yesufu Ogiefo is the legitimate successor of the late HRH Isesele Ojieifo ll. He claimed that he is entitled to succeed his grandfather as the Onogie of Ewu because by Ewu customary law, succession to the throne of Onogie of Ewu is not strictly based on primogeniture, and all surviving adult males from the Ogiefo ruling house are eligible to ascend the throne if they perform all the necessary customary rites.
On the conclusion of trial, the trial court delivered its judgement, in which it granted the 1st Respondent’s claims and dismissed the Appellant’s counter-claim, stating emphatically that HRH Jafaru Isesele I is the rightful heir to the throne of Onogie of Ewu.
The trial court also granted an injunction restraining the Defendant, Prince Rasak Yesufu Ogiefo from parading himself or allowing himself to be paraded as the Onogie of Ewu and an injunction restraining him from ever laying claim to the Onogie of Ewu.
Dissatisfied with the judgment, Prince Rasak Yesufu Ogiefo and the 2nd and 3rd Respondents appealed to the Court of
Appeal.
The Court of Appeal dismissed the appeal and affirmed the judgement of the trial court.
Not satisfied with the Appeal Court judgement, Prince Rasak Yesufu Ogiefo again appealed to the Supreme Court.
The Supreme Court on Friday July 19, again dismissed his appeal holding that the Appallant, Prince Rasak Yesufu Ogiefo who is the grandson to the late Onogie of Ewu is not, and cannot be the heir apparent to the throne of Onogie of Ewu following the death of his grand father, HRH Isesele Ojeifo 11, adding that he lost out in the line of succession to the stool of Onogie of Ewu when his own father died before his father, HRH Isesele Ojeifo 11 and his grand son, stating that succession to the throne of Onogie of Ewu is by primogeniture which is from father to the eldest surviving son.