The dispute over the stool of the Okumagbe of Wanno Clan in Etsako East Local Council of Edo State has moved to the Court of Appeal, Benin Division, following a recent High Court judgment.

Chief Benjamin Aliu, who is suing for himself and on behalf of the Edegbe Community of the Agiode Ruling House, has filed a notice of appeal against the July 1, 2026 judgment delivered by the Edo State High Court sitting in Agenebode.

The appeal marked Suit No: HAG/05/2026, lists Senator Francis Alimikhena and nine others, including state officials and the Etsako East Local Council, as respondents.

In the notice, the appellant expressed dissatisfaction with the entire judgment of the lower court, contending that the trial judge erred in law on several grounds, particularly regarding jurisdiction and the application of legal authorities.

The appellant noted the judge erred in law by misapplying the provisions of Section 19(1), (2) and (6) of the Traditional Rulers and Chiefs Edict of Bendel State (1979), as applicable to Edo State.

Aliu argued that the High Court, having allegedly found the suit incompetent, ought not to have proceeded to determine substantive issues in the case.

He maintained that jurisdiction is fundamental, and once a court declines, it lacks the authority to make pronouncements on the merits of the matter.

He further faulted the trial court’s reliance on certain judicial authorities, including Aderemi v. Adeyemi and Agbodemi v. Agboola, arguing that they were inapplicable to the circumstances of the case, which he said concerned the validity of the process leading to the selection of a traditional ruler rather than post-selection grievances.

The central dispute concerns whether a valid legal framework exists for the nomination and selection of a clan head for Wanno.

The appellant stated that no extant declaration or gazette currently regulates the selection process following the separation of the former Weppa-Wanno Clan into distinct entities.

He said the earlier declaration contained in Edo State Legal Notice No. 4 of 2012 no longer applies to Wanno, and no fresh declaration has been issued by the Edo State Executive Council as required under the Traditional Rulers and Chiefs Law applicable in the state.

He maintained that without such a declaration, any process of nomination, selection, presentation or installation of a clan head would lack legal foundation.

The appellant also alleged that despite being aware of an earlier suit and a pending motion for interlocutory injunction, some of the respondents proceeded with steps towards the selection process, an action he described as contrary to due process.

Aliu is therefore asking the Court of Appeal to set aside the judgment of the trial court and either uphold his claims or, in the alternative, order a retrial of the case before another court of coordinate jurisdiction.

However, the leadership of the Edegbe Community in Agiode Ruling House called for restraint and adherence to legal processes amid ongoing litigation.

While addressing the journalists, representatives of the community, led by Chief Benjamin Aliu and Dr Francis Omoh, affirmed that the matter is before the courts and urged all parties to be guided by due process while the dispute is being resolved.

The community traced the controversy to May 2025, when the Edo State Government initiated steps to fill the vacant stool through the Etsako East Local Council following the dethronement of the former Okumagbe of Wanno Clan. A date was initially fixed for May 24, 2025, but the process was later suspended.

According to the community, a fresh directive was issued in January 2026 fixing January 31 for the selection. However, they said the council subsequently halted the exercise after being served with court processes challenging the procedure.

The Edegbe Community stated that while two of the three candidates reportedly complied with the directive to suspend activities, another aspirant, Francis Alimikhena, allegedly proceeded with a selection exercise.

The group described the exercise as irregular and lacking broad participation, noting that the local council later declared the process invalid and suspended further actions pending the determination of suits before the court.

The community raised the question about the applicable legal framework guiding the selection process, particularly whether an existing gazette adequately governs the Wanno Clan following structural changes within the former Weppa-Wanno arrangement.

They also raised concerns about representation in the composition of kingmakers and adherence to customary practices, insisting that these issues form part of the matters already submitted for judicial determination.

The community further expressed dissatisfaction with a July 1, 2026 judgment of the Edo State High Court Agenebode sitting at Fugar, which upheld the selection process.

According to them, the decision is being challenged at the Court of Appeal, where they are seeking to overturn the ruling or secure a retrial.

They disclosed that a notice of appeal has been filed and that steps have been taken within the legal framework to halt the enforcement of the High Court judgment pending the outcome of the appeal.

The group also reacted to reports of a government letter purportedly recognising Alimikhena as Okumagbe, expressing concern that such action could affect matters already before the courts.

They called on the Edo State Government to review the situation and allow the judicial process to run its course.

While reiterating their commitment to peaceful engagement, the community urged members of Wanno Clan and the wider public to remain calm and law-abiding.

They maintained that their objective is to ensure that the process for filling the stool is conducted in a manner consistent with law, custom, and fairness, adding that the courts remain the appropriate avenue for resolving the dispute.