Warri Political Interest Forum(WPIF)Warns Urhobo Progressive Union(UPU) Youth Wing Leadership and other Urhobo Pressure Groups to Desist from Acts Likely to Cause Breach of Peace in Warri or Face the Music of Justice and Equity.
Warri Political Interest Forum(WPIF) is a socio-political cum cultural pressure group in Warri Kingdom whose solé aim is to protect the image and integrity of the throne and influence the decisions and policies of government towards the overall growth and development of Itsekiri Nation. The group is hereby using this médium to warn Urhobo Progressive Union(UPU) Youth Wing Leadership led by Ughere Blessed, Wado city Aproko led by Ejiro Emiere and other Urhobo pressure groups to desist from acts likely to cause breach of peace and crisis in the cosmopolitan city of Warri. The most recent event was the sign post made by UPU at Okere Road where they indicated “Agbarah Kingdom”, at Okere Road, in Okere Community in Warri South Local Government Area of Delta State. Unfortunately the sign post was destroyed by some unknown elements. These groups have been propagating and instigating Urhobo youths against Itsekiri’s which may lead to another crisis in the cosmopolitan city of Warri.
It is visible to the blind and audible to the deaf that all the lands at Okere Road legally belongs to Okere Community. Thus, it is an anomaly to put a sign post indicating that, the place is owned by Agbara Kingdom. This unscropulous act of unwholesome land grabbing of Okere Community lands by the Agbara people may lead to ethnic crisis in Warri if care is not taken. These Urhobo groups must try as much as possible to stop some of these illegal activities that may lead to crisis in Warri. The Wado city propaganda by Ejiro has created enmity and hatred between Urhobo’s and Itsekiris in Warri. The Delta State Government and Security agencies in the state must call these groups and individuals to order. Legally, all lands in and around Agbassa axis and along Okere Road axis are all under the overlordship of the Olu of Warri. There are múltiple Court judgements that backs up this claim. Hence, we will state it categorically clear here that all Urhobos claiming to own lands in Warri are customary tenants of the Olu of Warri. Thus all lands in Warri are owned by the Itsekiri people.
The truth is that, all the lands in Warri Division are Itsekiri lands, being held in trust for them by the Olu of Warri as overlord. This accounts for the fact that the Communal Land Rights (Vesting in Trustees) Law 1958, was made applicable to the entire Warri Division, Government having satisfied itself as required by Section 3 Cap. 24 of the Law which states as follows:-
“The Government in Council may, after causing such inquiry to be held under Section 17 as may be necessary or expedient by order –
(a) “apply the Provisions of this Law to any area within the Region;
(b) declare to be the traditional authority in respect of a community, for the purposes of this law, those chiefs whose chieftaincy titles are associated with that community.”
Whatever land that is occupied by the Urhobos and the Ijaws in Warri Division is so occupied only as customary tenants of the Itsekiris. It is common knowledge that the Urhobos and Ijaws have, in recent years, challenged the overlordship of the Olu of Warri over the parcels of land occupied by them; but it is not generally known how woefully they have failed. It is also not generally known that the Urhobos, being a migratory people which they are – a fact necessitated primarily by the over-population of their homeland – have over-flooded parts of Okitipupa Division in the Western State and have similarly laid legal claims to such parts of the Division occupied by them as owners. In every case they have failed.
The first case is that in which one Ogegede, an Urhobo, acting for himself and on behalf of the Agbassa people (Agbassa is a quarter in Warri), sued Chief Dore Numa, an Itsekiri Chief who at that time was the accredited representative of the Olu of Warri, for an account of rents payable in respect of leases of parcels of land in Warri granted on behalf of the Olu. The action was calculated to take advantage of the internal political squabbles in Itsekiri land at that time. Thus, in this suit Chief Ogbobine and Omagbemi (both of them Itsekiris) sought to be joined ostensibly to reinforce the Olu representation. But, as stated by the trial judge, this was unnecessary as by a previous court judgment the position of Chief Dore Numa had been clearly defined as the accepted representative of the Olu of Warri. The application to be joined as co-defendants having been dismissed, it therefore became a straight fight between the Urhobos of Agbassa and Chief Dore Numa representing the Olu of Warri.
The evidence as to whether the Jekris permitted them to have land there and exercised overlordship over them or whether the Agbassa first arrived there is, to some extent, traditional.
This question as to who were the first arrivals can only be determined by reference to events and facts which have happened and are known to us during the last four or five decades.
Now, it has been clearly established that the defendant, as successor to the Olu of Jekris and the paramount Chief of the Jekris, has exercised ownership over most of the lands at present claimed by these Agbassas from the beginning of this century. The cases which have come before these Courts show that as the Olu of the Jekris, the defendant has always exercised sovereign rights over all these lands: leases granted by defendant to Government for Ogbejo (sic Ogbe-Ijaw) 1906, Alder, Wilkey, and Pessu Towns (1908) and the land adjoining Agbassa Village (1911).
Actual occupation by Government and receipts of rents by the defendant with the knowledge and acquiescence of the Agbassa people.
The particular features in this case are all in support of the contention that the Itsekiris are owners of the land, viz :-
(a) There are no Agbassa people in Qgbejo (sic Qgbe-Ijaw), Wilkey Town, Alder’s Town, and Pessu Town.
(b) The head Chief of Odion is Itsekiri.
(c) The head Chief of Fugbe is Itsekiri.
(d) Agbassa Village is known as “Bomali” which is a Itsekiri word.
(e) Not a single Chief of the surrounding lands supports the Agbassa claim.
The head Chief of Effurun, a Sobo man, says that the only land Agbassa possesses is a place called “Bomali” and that the Olu of the Itsekiris gave it to Agbassa.
And as to services rendered and tribute paid by Agbassa to the Olu of the Itsekiris, I have no reason to disbelieve the evidence of the defendant and his witnesses on these points.
I am satisfied on the evidence, apart from any legal plea of res judicata that when the Agbassa came to Warri they were given permission by the Olu of Jekris to settle on land which is now known as Bomali or Agbassa Village and that permission was granted to them to farm on lands adjoining their villages.
That from earliest times and during recent years, the Agbassa rendered service to the defendant as overlord.
The present action for a declaration of title is misconceived. If years ago their occupation of their village and farmlands was interfered with, and if assistance was refused them by their overlord, an action that under native law and custom they were entitled to remain in occupation without in any way questioning the overlordship of the defendant, might have been maintainable and the principles laid down in the 1921 case as to the position of strangers who were granted land by the Olu might be applied.
The evidence (sic the plaintiff’s evidence) does not warrant a declaration.
On the contrary the evidence negatives ownership by Agbassa people of the lands known as Ogbe-Ijaw, Alder’s Town, Wilkey Town and Pessu Town. As to Agbassa, Odion and Fugbe, no Court could deny the rights of Agbassa to occupy same according to Native Law and Custom provided the overlordship of the Olu of the Jekri was recognized.
As to their claim for declaration of title the Agbassas have failed.”
Again the Itsekiris won the case and the Agbassa people ware obliged by the judgment to recognize the overlordship of the Olu as a condition for remaining on the land.
This condition applies in all the other cases.
AGBASSA APPEAL TO THE FULL COURT (NOW SUPREME COURT)
The Agbassas were dissatisfied with the above judgement and appealed to the Full Court. The judgement of the Full Court consisting of Kingdom C, J. Berkeley and Butler Lloyd JJ. was delivered in Lagos on 13th March 1931 by BERKELEY, J. – See Nigeria Law Reports Pages 50-52.
After reviewing the evidence and analyzing the proceedings in the Court below, Berkeley, J., had the following to say, viz:-
“In this appeal, the appellants belong to the Sobo tribe known as Agbassa. They are claiming the overlordship of the greater part of Warri as against the defendant who represents the Jekri tribe. The defendant in his representative capacity is at present the officially recognized owner of the land in dispute and the Government has leased a considerable area of land in Warri from him in that capacity.
“The plaintiffs, (i.e. appellants) do not seek in any way to disturb the existing leases, but they claim as of right to be substituted for the defendant in the overlordship of the territory in dispute.
It should be noted that this is a claim put forward to upset an existing state of affairs, and that the legal relationship between the parties, which the plaintiff now seeks to reverse, has been in existence for a great many years.
The onus is on the plaintiff to establish the existence of the rights which he claims and not on the defendant to uphold his own rights which have already been recognized and at present exist.
Throughout the evidence given in the Court below, the plaintiff has nowhere been able to establish the fact that at any time the Agbassas were recognized as the overlords of the Jekri people. What they do is to plead their own occupation of portions of Warri land, deny that they ever paid tribute to the Olu of Jekris, and assert that they were in Warri before the Jekris came there.
The defendant on the other hand asserts that the Jekri tribe were the first to settle in Warri, that their Olu gave the Agbassas a piece of land to live upon and other land to farm, and that the Agbassas have paid tribute or rendered service to Olu for this land from time to time. The defendant is also able to point to certain leases of Warri land made by the Olu of the Jekri to the Government. These leases go back to the early years of the present century, and have been extensively built over since.
With regard to these leases, the plaintiffs explain their acquiescence by saying that they know nothing about them.
But this explanation is not credible. Warri is a restricted area of solid ground enclosed by mangrove swamps and creeks. It is impossible that extensive building operations of a permanent nature could be carried on over a period of years in such an area without the knowledge of those who claim to be the overlords of the land and were actually living on the area.
In my opinion, the Agbassa were given permission by the Olu of Jekris to settle on land in Warri. That they have since increased in numbers, wealth and importance until now they feel themselves strong enough to impugn the title of their overlord.
Nor do they limit claim to land they themselves occupy, but seek to establish rights of overlordship to land which has always hitherto been recognized as Jerki.
In my opinion they have failed to establish their claims.
I consider that this appeal should be dismissed”.
The other two members of the Full Court gave their concurrence to the judgement by Berke1ey, J. above, and the appeal of the Agbassas was dismissed with costs.
One would like to call attention to paragraphs 3 and 4 from the bottom of the judgement and in particular to the word “impugn” in the fourth paragraph from the bottom that is “That they have since increased in numbers, wealth and importance until now they feel themselves strong enough to impugn the title of their overlord.
“Nor do they limit their claim to land which they themselves occupy, but seek to establish rights of overlordship to land which has always hitherto been recognized as Jekri”. How apt!
AGBASSA APPEAL TO THE PRIVY COUNCIL
Never seeming able to understand, or perhaps in their self conceit, the Agbassa people appealed to the Privy Council in London and this appeal was listed as No. 65 of 1932.
Lord ATKIN delivered the judgement of the Lords of the Judicial Committee of the Privy Council present, who were LORD ATKIN, LORD ALNESS and SIR SIDNEY ROWLATT. The judgement was as follows :-
“This is an appeal from the Full Court of the Supreme Court of Nigeria who dismissed the present appellant’s appeal from the Judgement of Mr. Justice Webber in an action in which the appellant was plaintiff and the respondents were defendants. It was an action brought by the plaintiffs on behalf of a tribe or sub-tribe in that district of the Agbassa people claiming territorial rights over land known as the Agbassa land in the Warri District of the Southern Province of Nigeria. The dispute was between the plaintiff representing the Agbassa people and the defendants representing another tribe or sub-tribe of the Jekri people claiming to be overlords of this territory.
In the circumstances, there being concurrent findings of fact and there being in addition ample evidence to support them, it is quite impossible for their Lordships to interfere with the decisions which have been arrived at by both Courts and their Lordships will therefore humbly advise His Majesty that this appeal should be dismissed. The respondents must have the cost of the appeal”. See 11 Nigeria Law Reports, Pages 18& 19.
At this point, we would summarize thus that the Agbassas lost their battle for the ownership of Warri Lands two times at the Supreme Court (Now High Court) in Warri in 1925 and 1926, went on Appeal to the Full Court (now Federal Supreme Court) in 1931 and lost; then went to the Privy Council where they also failed in 1933. What else could anybody need in order to know that the Itsekiris are the owners of Warri, including Agbassa?
It is relevant at this point to say that even the Privy Council decision did not end the baseless claim of the Agbassa Urhobos.
Each time Government sought to acquire lands in Agbassa and Igbudu areas, the Urhobos of Agbassa would claim the entire proceeds for themselves denying the overlordship rights of the Olu.
In conclusion, it’s an obvious reality that the lands around Agbassa axis belongs to the Itsekiri people of Okere Community under the overlordship of the Olu of Warri, Ogiame Atuwatse III CFR and their are legal documents to emphasize the fact that Itsekiris own Warri.Hence, because of the fact that the Itsekiris are peace loving people, the tribe had allowed the Agbassa people to claim dominance of these lands. However, the Warri Political Interest Forum(WPIF) are using this médium to implore the UPU youth Wing, Warri South LGA leadership and the Delta State Government to do everything possible to make sure such acts of ethnic overzealousness doesnt repeat itself again or we will resist all these unwholesome and trickish act of land grabbing which may lead to another round of crisis in Warri. WPIF will always do the needful to protect the interest and integrity of Warri Kingdom.
Signed
Abugewa Youngreen
(President)
WARRI POLITICAL INTEREST FORUM(WPIF)
Comr. Lilywhite Esigbone
(Secretary)
WARRI POLITICAL INTEREST FORUM (WPIF)
Comr. Eboma Tuoyo Michael
(Spokesperson)
WARRI POLITICAL INTEREST FORUM(WPIF)
Timipre Abowei