The Federal High Court has been urged to restrain the promoters of the Museum of West African Contemporary Culture and Arts (MOWAA) from establishing, opening, or operating any museum in Benin City, Edo State, that deals with Benin artifacts without the consent of the Oba of Benin.

The request is contained in a suit filed by Chief Osaro Idah, a member of the Benin Traditional Council (BTC) and the Obazelu of the Benin Kingdom. He raised two issues for the court’s determination and is seeking five reliefs.

According to a notice issued by the court, a hearing has been fixed for November 27, during which the court will take the claimant’s motion for interlocutory injunction.

The suit, marked FHC/B/CS/107/2025, was filed before the Benin division of the Federal High Court by Chief Idah, through his lawyer, Kelvin Mejuku of Prof. Yemi Akinseye-George (SAN) & Partners.

In the suit, the claimant argues that the Oba of Benin, as the sole custodian of the culture, tradition, and heritage of the Benin Kingdom, is the only authority empowered to determine where repatriated looted artifacts and related heritage items should be kept.

Listed as defendants are the Museum of West African Arts Ltd/Gte and the National Commission for Museums and Monuments (NCMM).

Chief Idah is asking the court to declare that, by virtue of the Federal Government’s Order No. 1 of 2023, titled “Notice of Presidential Declaration on the Recognition of Ownership, and an Order Vesting Custody and Management of Repatriated Looted Benin Artifacts in the Oba of Benin Kingdom”, the Oba remains the recognized custodian of Benin cultural heritage.

He also seeks a declaration that the founders and operators of MOWAA require the Oba’s consent to hold or display Benin artifacts and that they cannot invoke or associate with the name, title, or throne of the Oba to seek endorsements, funding, or support within or outside Nigeria without approval.

The claimant further seeks a perpetual injunction restraining the defendants, their agents, or privies from operating any museum in Benin City dealing in Benin artifacts without the Oba’s consent.

In a supporting affidavit, Chief Idah stated that Benin artifacts are cultural heritage items created by the ancestors of the Benin Kingdom and not the property of any private corporate entity.

He said stakeholders, including the Benin Dialogue Group, had endorsed the Benin Royal Museum to be built within the palace and the Oba Ewuare II Foundation for fundraising and administration, which informed the decision of the Oba to allow the Federal Government to hold the artifacts temporarily.

According to him, Order No. 1 of 2023 did not foresee a situation where repatriated artifacts would be diverted to a private museum such as MOWAA.

He noted that the Edo State Government, in 2024, reaffirmed the Oba’s statutory rights as custodian of Benin culture and heritage, including ownership of stolen/looted artifacts.

“Regrettably, some of the artifacts have now found their way into a private museum, MOWAA, operated by the first defendant without the consent of the Oba,” he said.

He described the actions of MOWAA as provocative, confrontational, and calculated to undermine the authority of the Oba of Benin.

Chief Idah added that the establishment of MOWAA in Benin City without reference to the Oba violates Benin customary law and has caused unease and tension within the kingdom.

He argued that the development conflicts with the Edo State Government’s position of restoring full rights to the Oba over all Benin artifacts.