IJAWS OF WARRI

No. 5 Swamp Road,
GRA, Ogbe-Ijoh, Warri.
Delta State
08038093825
07034903679 

August 12, 2024

The Chairman,
Independent National Electoral Commission (INEC),
Plot 436 Zambezi Crescent,
Maitama District,
FCT, Abuja

Dear Sir,

DELINEATION OF ALL ELECTORAL WARDS/UNITS OF WARRI SOUTH, WARRI SOUTH WEST AND WARRI NORTH LOCAL GOVERNMENT AREAS OF WARRI FEDERAL CONSTITUENCY OF DELTA STATE VIS-A-VIS JUDGMENT IN APPEAL NO SC/413/2022: A REJOINDER TO THE PUBLICATION OF THE ITSEKIRI LEADERS OF THOUGHT DATED 19/7/2024 

INTRODUCTION

We write on behalf of the Ijaw people and communities of Ogbe-Ijoh, Gbaramatu, Egbema, Isaba and Diebiri Kingdoms in Warri North, Warri South and Warri South West Local Government Areas of Warri Federal Constituency of Delta State. 

Our attention has been drawn to the above publication in the Vanguard newspaper of Wednesday 31st, July 2024 on pages 25-27 by the Itsekiri Leaders of Thought, addressed to the Chairman of INEC. The publication is the latest attempt by the Itsekiri Ethnic Nationality to misinform and mislead the public as well as to frustrate the execution of the Supreme Court ordered fresh delineation of electoral wards and polling units in Warri North, Warri South and Warri South West Local Government Areas of Delta State in Appeal No. SC/413/2016: HON. GEORGE U. TIMINIMI & ORS V. INEC, since previous attempts have failed. 

Although, the issues raised in the said publication are dressed in falsehood and half-truths and have no modicum of significance to the fresh delineation exercise, this rejoinder is necessary to correct the malicious distortions and put the facts in proper perspective for the benefit of the Commission, and the reading and curious audience. 

First, it is important to note that, from time, the Itsekiris have consistently antagonised and, sometimes, frustrated efforts and opportunities to advance the interest of the Warri Federal Constituency in terms of politics, economic development, etc. It is on record THAT: They opposed and fought against the creation of the defunct Mid-West Region on the grounds that they were Yoruba people and would not want to be separated from their kith and kin in the Western region. They fought against the creation of Delta State on the grounds of the claim that they were Benin people. They vehemently opposed the popular choice of Warri as the capital of the then-proposed Delta State because it would decimate their false and frivolous claim to Warri as their ancestral homeland and as a result, Warri lost the opportunity of hosting Delta State as its capital to Asaba.

They have consistently opposed the creation of local government areas in the Warri Federal Constituency and this accounts for the few local government areas in the Warri Federal Constituency considering the size/landmass, population and resources of the constituency. The current opposition to the implementation of the Supreme Court-ordered fresh delineation of electoral wards and polling units aimed at providing opportunities for the communities and people to enjoy political participation and development in the Warri Federal Constituency is not new, because it is their stock in trade. 

Secondly, the areas and communities being delineated into electoral wards and units in compliance with the order of the Supreme Court are the same areas within which the electoral wards and units of the Ijaws, Urhobos and Itsekiris communities existed before the Supreme Court judgment. There is no record of any previous protest by the Itsekiris against the territorial composition of the electoral wards and units before the Supreme Court order. If they have been comfortable with the territorial composition and never protested against it in all these many decades, why now? We shall provide the answers in the course of this rejoinder.

DELIBERATE MISREPRESENTATION OF COURT JUDGMENTS:

In their usual manner, the Itsekiris peddle from their stock volumes of records of deliberately misinterpreted court cases to support a false and ridiculous claim to ownership of about 90% of the land areas making up the Warri Federal Constituency. It is patently absurd for any person or ethnic nationality to claim ownership of about 90% of the land area as the Itsekiris are inclined to do, based on cases that either did not decide the radical title, ongoing or relate to individual contests over ownership of small and insignificant areas of land.

The fact remains that the Warri Federal Constituency is made up of three Local Government Areas which are Warri North, Warri South and Warri South-West with the Ijaw kingdoms of Ogbe-Ijoh, Gbaramatu, Egbema, Isaba and Diebiri having the majority population with an excess of eight hundred communities and settlements. Therefore, it is instructive to note that the claims by the Itsekiris in relation to court cases, historical records and the legal status of territorial ownership are false, wildly unreasonable, illogical and inappropriate as the following responses would demonstrate in the various Local Government Areas:

WARRI SOUTH LOCAL GOVERNMENT AREA

From impeccable, authoritative and verifiable records, from colonial times, the Ijaw people of Ogbe-Ijoh are the first to settle, possess and establish settlements in the area referred to today as the Warri metropolis. However, the Itsekiris, in a desperate bid to manipulate government agencies and dispossess the Ijaws of the ownership, have hidden for several years, under the guise of a case that did not resolve any issue of title.

CASES RELATING TO IJAWS IN WARRI METROPOLIS IN WARRI SOUTH LOCAL GOVERNMENT AREA

Let it be stated from the onset that, the Itsekiris have no judgment against the Ijaws of Ogbe-Ijoh which confer a radical title on them over Ogbe-Ijoh lands in Warri metropolis or anywhere else. All noise about legal victories over the Ijaws is unfounded and fictitious. One case that calls for critical attention, for its frequent reliance by the Itsekiris, is: Suit No. W/148/56: Izuokumor Olioki & Others v. Itsekiri Communal Land Trustee & Others.

The above case is one that the Itsekiris have misinterpreted, over the years, to mislead successive governments and members of the public that have had anything to do with Warri. The Itsekiri Leaders of Thought cited the same case to claim ownership over Ijaw territories in Warri Township. According to the Itsekiris, the Ogbe-Ijoh people, by the Ruling of the Court which allowed them to withdraw their case before hearing, have lost their ancestral lands in Warri township. This claim is mischievous and is standing on no legal foundation. To show the hollowness of their position, it is pertinent to give a brief background of the case in issue.

Suit No. W/148/56 was instituted by the Ogbe-Ijoh people in 1956 against the ‘Itsekiri Communal Land Trustee,’ challenging their illegal claim to all the lands in Warri through the instrumentality of the then Western Region Government under the leadership of Chief Obafemi Awolowo. Contemporaneously, the Itsekiri people also filed a cross-action in Suit No. W/63/58 against the Ogbe-Ijoh people: EREJUWA 11, (The Olu of Warri) for himself and on behalf of the Itsekiri people v. CHIEF IZUOKUMOR OLIOKI and Others.

After the cases were filed, but before the hearing commenced, due to the intervention of some political leaders, the Ogbe-Ijoh people withdrew their case and the Itsekiris also withdrew their cross-action. Upon withdrawal of the Itsekiri cross action, it was struck out and the Ogbe-Ijoh people were also permitted to discontinue their case with a condition not to refile. Rather than uphold the truth in the best interest of integrity and honesty, the Itsekiris, over the years, have been misinforming the public that they won the above case and therefore, are the rightful owners of all Ogbe-Ijoh lands in the Warri metropolis. To say the least, this claim is not only laughable but flies in the face of settled legal authorities.

It is not the law that an order permitting a party to discontinue a case that was not heard on merit confers any legal title to land on the Defendant. In law, such an order amounts to a mere striking out and does not confer any legal title on the Defendant. This is so because: No single witness was called in the case. The order was not on merit in that the court did not decide the rights of the parties as no evidence was called. The ruling of the Court was not a final judgment. It must be emphasised that the order in Suit No. W/148/56, permitting the Ogbe-Ijoh people to discontinue the case, does not by any stress of imagination give judgment in favour of the Itsekiris, especially as the Itsekiris did not file and pursue a counterclaim, but only filed a cross-action that was also withdrawn and struck out.

It amounts to the height of mischief for the Itsekiri people to claim that with this order, the Ogbe-Ijoh people have lost their traditionally owned lands in the Warri metropolis. If that is to be the case, then the Ogbe-Ijoh people can also claim that they won the case against the Itsekiris in Suit No. W/63/58, (Erejuwa 11 v. Izuokumor Olioki). In that case, the Itsekiri cross action was similarly withdrawn and struck out. It is worth recalling that, in Suit No. W/48/68, the popular IDUDUN v. OKUMAGBA case on the ownership of a significant part of Warri land, which got to the Supreme Court, the Itsekiris tendered the proceedings of Suit No. W/148/56 to attempt to prove that they won the case.

The presiding Judge, Echeruche, J was not impressed and in very few words in his final judgement held; ‘‘Evidence in this case shows that Suit No. W/148/56 was not heard‘‘. Furthermore, the trial Judge said that the Kingdom founded by Prince Ginuwa, the progenitor of the Itsekiri Kingdom never extended to Warri township but ended at Ijala, a small community on the outskirts of Warri metropolis. That historical fact accounted for why all Olus of Itsekiri were buried at Ijala when they passed away.

One would have thought that with the above holding of the High Court which was upheld on appeal to the Supreme Court, the Itsekiris would know that the order in Suit No. W-148-56 does not confer any legal title on them with regard to Ogbe-Ijoh lands in Warri metropolis. However, they have persisted in referring to and relying on it to deliberately mislead members of the public and government agencies in making decisions relating to Warri metropolis.

Given the foregoing, we urge your Commission to disregard the falsehoods, even though they are not relevant to the ongoing delineation of electoral wards and polling units for the conduct of future elections.

TRADITIONAL AND HISTORICAL FACTS ON OGBE-IJOH OWNERSHIP OF OGBE-IJOH LANDS IN WARRI METROPOLIS:

The ‘Itsekiri Leaders of Thought’ throughout their letter did not state how they came to own or found Warri township. It is common knowledge that court judgments ought to stand on pre-historical foundations. The only reference by the Itsekiri people to historical fact is the comment of P. C. Lloyd in his ‘The Benin Kingdom and the Edo-Speaking People of South-Western Nigeria (1957).’

According to Lloyd: "The Administrative Unit known as the Warri Division of Delta Province, whose area is 1,520 square miles is approximately coterminous with the territory of the Itsekiri.’’ This assertion is not a seminal authority that can be relied upon; it is the opinion of an individual whose knowledge of the environment was grossly limited. Besides, the quotation does not in any way give an idea of the founding of Warri or how the Itsekiri people came to own Warri as claimed by them. Unfortunately, it is all that the Itsekiri Leaders relied on to assert their ownership of Warri metropolis and refer to others as customary tenants. 

As a mark of the fact that the Itsekiris are bereft of historical facts with which to buttress their vexatious claim to the Warri metropolis, they never stated, throughout the publication, any fact relevant to how Warri township was founded. The entire argument is centred around Suit No. W/148/56 and other cases that are irrelevant to the subject matter. 

The Ijaw claim to the Warri metropolis as aborigines are founded on traditional ownership derived from the fact that they are the first persons to settle on the area of land occupied by them. A. Talbot, in The People of Southern Nigeria (1969), while writing about the Warri province, corroborated this fact by stating that the earliest inhabitants of the province appear to have been the Ijaws.

What is known today as Warri was founded by Ewein (Enwe), the founder of the Ogbe-Ijoh Clan and this is recognised by many authorities including Government, Itsekiri leaders, historians and records kept by the colonial Government. The Itsekiris, descendants of Ginuwa 1, the banished eldest son of Oba of Benin, came from Benin to Ijawland in 1480 AD. The most renowned Itsekiri Historian, Willam A. Moore in his book, History of Itsekiri (1970), on page 3, states as follows:

‘‘Prior to the advent of the Benin Prince Ginuwa, the territory now known as the Kingdom of Itsekiri or Iwere was inhabited by three tribes, namely, Ijaw, Sobo (Urhobo) and the mahin. The most populous among these were the Sobos. They occupied the hinterland, while the Ijaws occupied the coastline, and the Mahin squatted on the seashore near the Benin River’’. (underlying supplied for emphasis).

The above point was acknowledged by the Itsekiri people in their own writings, especially in, The Royal Magazine: A Pictorial Souvenir of the Coronation of Prince Godwin Toritseju Emiko, dated May 1987, page 4, published to mark the coronation of Ogiame Atuwatse II, the "Olu of Warri", the father of the present Olu. Furthermore, the Southern Nigeria Civil Service List & Handbook of 1910 on page 28, states that “the natives of Warri District (Warri Territory) belong to Ijaw and Urhobo… The Itsekiris are essentially traders, middlemen between the natives of the interior and the Europeans, only doing fishing and agriculture as is absolutely necessary and even this work is generally left to the women”.

In short, the sojourn of the progenitor of the Itsekiri nation, Prince Ginuwa is well documented. The obvious fact is that all the places Prince Ginuwa visited before he finally settled at a small village known as Ijala were Ijaw villages. In The Royal Magazine: A Pictorial Souvenir of the Coronation of Prince Godwin Toritseju Emiko, the Itsekiris stated as follows on the sojourn of Prince Ginuwa: ”Later Prince Ginuwa and his party left Efurokpe in search of a safer area. Gliding through Arun-Owun into the Escravos River (Ode-Egbure) the party came to the sea bank of Amatu (Aleodiaja) where they squatted for many years and inter-married with the neighbouring people. According to Williams Moore, ‘then owning to the place (Amatu) being too sandy and much exposed to the sea and to the infertility of the soil he (Prince Ginuwa) moved to Oruselumo, where he married an Ijaw woman named Derumo. After several years stay at Oruselumo, a dispute arose between him and the Ijaw of Gulani on account of the woman Derumo, who was killed by him.”

As can be seen, the founder of the Itsekiri nation was given land to settle at various times by his hospitable Ijaw hosts who also gave him a woman to marry. The marriage to an Ijaw woman is the reason for the relationship between the Itsekiri Royal Family and the Ijaw people of Isaba Kingdom to date. If their mother is Ijaw, then they can only be Ijaw children! Furthermore, Amatu is an Ijaw Community in the present-day Bayelsa State.

Gulani (Ogulagha) is also another Ijaw community in the present-day Burutu Local Government Area of Delta State. It follows from the foregoing, that the so-called ‘Itsekiri Kingdom’ that the Itsekiri Leaders of Thought referred to in their publication came into existence long after the arrival of their founder, Prince Ginuwa in the Ijaw aboriginal homeland.

Apart from the fact that the Ogbe-Ijoh people inhabited the Warri Township long before the advent of Prince Ginuwa, it is true that Prince Ginuwa never got to Warri Township. The Itsekiri connection with Warri, besides the magnanimity of the Ijaw people, is through European influence as middlemen. Despite the deliberate attempt by the Itsekiri people, since the colonial era, to manipulate records of the founding of Warri metropolis, the colonial Government kept accurate records of the history and founding of Warri township. 

On 12th June 1928, the Honourable Secretary, Southern Provinces, through the Resident, Warri Province, Mr Prethoroe assessed Warri and issued a report titled ‘WARRI TOWNSHIP ASSESSMENT REPORT’ (Federal Republic of Nigeria, Federal Ministry of Education, National Archives, Chief Secretary’s Office, Nigeria, File No. 20653).'

In the part of the report dealing with the founding history of Warri in paragraph 2, the colonial Intelligence report stated unequivocally as follows: "The township of WARRI, in marked contrast to the village of OLD WARRI, is of recent growth. The original settlement, which in due course became the nucleus around which the population settled, was known as OGBE-IJOH and the name is still retained to define that portion of the town around the present market. As the name indicates, OGBE-IJOH was originally an Ijaw settlement and translated literally means, I am informed, ‘‘the Ijaw fish market’’. I have been unable to trace any information, either verbally or documentary, which will assist in any way in dating the foundation of OGBE-IJOH. It is wrong to say that there is evidence that the settlement is not more than a century old and that down to comparatively recent times, the settlements was small and supported a very meagre population. The Ijaw fishermen, always more at home in their canoes than on land, fished up and down the stretch of water which now forms the Warri anchorage and made use of the settlement to sell their catches. In the main, the purchasers came from the old established Sobo hamlet of AGBASA and the more recent Jekri village of Okere’’. (underlying supplied for emphasis)In paragraph 4, the report continued;

‘‘At that date, Warri presented a very different spectacle to that which appears today. A small Ijaw settlement, now dying, still occupied a site at present covered, and overlapped, by the market and the small Sobo settlement stood where bungalows 6 and 7 now stand... Beyond the swamp, in an Easterly direction stood the comparatively large village of AGBASSA while, on the North side, the growing hamlet of Okere was rapidly extending its boundaries. Intercommunication between these villages and the riverside settlement was maintained by means of ‘bush’ paths which meandered around the edge of the swamp’’. (underlying supplied for emphasis)

This intelligence report by the colonial Government is the most authoritative, explicit and revealing historical document on the founding history of Warri. For those familiar with Warri, though this report was prepared by the colonial Government in the 1920s, it vividly describes the founding of Warri which is still evident up to date. The following points are very significant from the report:

The township of Warri is of recent growth and the original settlement around which the population settled is called ‘OGBE-IJOH’. It would interest INEC and the public to note that existing facts up to date regarding leases and deeds confirm this. We shall come to that in the course of this rejoinder. 

The name Ogbe-Ijoh is still retained to define that portion of the town around the present market. Again, this is an existing fact as the Ogbe-Ijoh market is still in existence despite desperate efforts by the Itsekiri people to use their entrenched position in Government to erase any trace of Ogbe-Ijoh in Warri metropolis. Today like the rock of Gibraltar the Ogbe-Ijoh market is still standing tall despite the refusal by successive Governments to build the market.

The colonial assessors could not find any record to date of the founding of OGBE-IJOH in the Warri metropolis and it was more than a century old at the time of their report. This confirms our assertion that Ewein (Enwe) the founder of Ogbe-Ijoh founded Warri long before the progenitor of the Itsekiri nation began his sojourn from Benin when he was ostracised from Benin Kingdon, who never got to Warri metropolis. 

The Ijaw fishermen, always more at home in their canoes than on land, fished up and down the stretch of water which now forms the Warri anchorage and made use of the settlement to sell their catches. This part of the report is very significant as it depicts the situation up to date which can be confirmed by the INEC Field workers who came for the validation of claims. There is no gainsaying the fact that the Ijaw people have always been in effective possession of this area which is called the Ogbe-Ijoh-Warri river. We challenge the Itsekiri people to point to any historical fact to show that they ever occupied any stretch of land along the Warri anchorage up to date. In the main, the purchasers came from the old established Sobo hamlet of AGBASA and the more recent 'Jekri village of Okere’.  

Again, as can be seen from the foregoing, part of the report and consistent with the established record of the founding of Warri, the Itsekiris were the last to settle in Warri. The report in their own words described the Itsekiris as a more recent Jekri village of Okere. What history do the Itsekiri people want in order to appreciate the fact that they came to meet the Ijaws in Warri? It is the height of dishonesty, disservice and ingratitude for the Itsekiris to be referring to Warri as their homeland amid these overwhelming historical facts. Lands are owned by traditional history which is acted upon by courts. Court judgments are not given in isolation of historical facts. 

Warri ... A small Ijaw settlement, now dying, still occupied a site in the present.... Beyond the swamp, in an Easterly direction stood the comparatively large village of AGBASSA while, on the North side, the growing hamlet of Okere was rapidly extending its boundaries.

The hamlet of Okere which was rapidly extending its boundaries referred to here is the only place the Itsekiri people, who came after the Ijaws had settled for several years are now arrogantly claiming ownership of Warri. As the report rightly said, the Okere hamlet which was far from Ogbe-Ijoh, the original Warri settlement expanded its boundaries and today, Okere-Itsekiri people are now disputing Ogbe-Ijoh ownership of places like the Warri GRA.

As the report rightly stated, in the 1920s the Ijaw settlement of Ogbe-Ijoh in Warri started dying. The reason for this is best captured by late Chief Dore Numa in his reply dated 10th November 1923 to the petition written by the Ogbe-Ijoh people to the Resident of Warri. By a petition dated 29th of August, 1923, and signed by Chief Ikpa, Chief Jibede, Chief Ogbe, Chief Dosmor, Chief Tonwe and Chief Okonobe, the Ogbe-Ijoh people petitioned Late Chief Dore Numa, an Itsekiri man who came with the European traders to Warri and was appointed paramount Chief of Warri province through the Resident of Warri.

The petition of the Ogbe-Ijoh people and Chief Dore Numa’s reply are in the national archive for the Commission and the general public to read. In the petition, the Ogbe-Ijoh Chiefs stated that they own the land called New Warri or Ogbe-Ijoh and Alders town and that the land does not belong to Chief Dore and his Itsekiri people. It is of great significance to note that Professor Obaro Ikimi, an Isoko historian in his 'Niger Delta Rivalry, Itsekiri – Urhobo Relations and the European Presence 1884 – 1936,’ on page 255, copiously referred to this petition as follows:          

‘‘In 1933 (sic 1923) a group of Ijo people petitioned the Resident, claiming that the land now known as ‘Ogbe-Ijo’ in Warri township belonged to their fathers. They stated that sometime after the fall of Nana, the then Provincial Commissioner, Seton James, requested the Ijo to move out of that land because government desired to acquire it. This the Ijo did so lost control over the land. They now demanded that that piece of land be returned to them or that they be enabled to benefit from the rents accruing therefrom. To substantiate the claim that the land originally belonged to the Ijo, they enclosed copy of a notice signed by P. E. Crawford and dated 21 October 1895, which stated that the British had decided to take Ogbe-Ijo under his protection, the headman of Ogbe-Ijoh having specially asked to be placed under such protection’. No official notice was paid to this petition, yet it is of historical significance as indicating how the township of Warri probably developed’’. (underlying supplied)

As Prof. Obaro rightly stated, this petition is of immense historical significance in indicating how the township of Warri developed. Though no official notice was paid to this petition, it elicited a response from Chief Dore Numa, an Itsekiri and the European-appointed paramount Chief of Warri Province. The reply of Chief Dore Numa to the Ogbe-Ijoh Chiefs through the Resident, Warri is very striking and revealing. In his reply to the Ogbe-Ijoh petition dated November 10, 1923 and addressed to the Resident, Warri Province in paragraphs 2, 3, 4 and 5 Chief Dore Numa stated:          

"The Chiefs that wrote me the petition are natives of Ogbe-Ijoh, Warri and also of the present Ogbe-Ijoh town in the Warri Province which is two nautical miles of separate settlements away from each other. Obviously, the truth and fact of the reality, the Chiefs are natives of the two settlements. The present Ogbe-Ijoh situate along Ogbe-Ijoh creek is small and navigable by launch off Ogbe-Ijoh River to Burutu and also Warri River. In fact, the Ogbe-Ijoh natives are the rightful owners of new Warri or Ogbe-Ijo and Alder’s Town Lands in Warri. The owners of those two areas are not Jekri’s neither Sobos. The founder is said to be ENWE who founded Ogbe-Ijo, Warri according to the historical background of the Ogbe-Ijo nativities. The town of Ogbe-Ijo, Warri was there for so many years before the coming of Jekris and Sobos. Some Jekris and some Sobos living in Okere of Warri and the Sobos from Agbassa-Otor are living in Agbassa, Warri. The Jekris followed European traders to Warri in the Nineteenth Century, the same century the Sobos came to Warri for the purpose of trade by barter with the Ijos of Ogbe-Ijoh and other Ijo people. The Jekris, some of them from Bini River, some of them from Escravos River and some from Escravos estuary of Ijo territories. Myself Dore Numa came from Bateren of Bini River of Ijo territory. Until a certain period of the same 19th Century freedom of living became impossible for the Ogbe-Ijoh natives when the British Government of Oil Rivers Protectorate, Niger Coast Protectorate, Southern Nigeria Protectorate, the Colony and Protectorate of Southern Nigeria took over the control of the Lands from them and also quit them out of their own town Ogbe-Ijoh, Warri."

Then in paragraph 6, Chief Dore Numa continued and stated as follows:‘'... My very self Chief Dore Numa own not any land or lands at Warri through native right of ownership. I owned land at Warri through alienation. Government acquired the lands from the natives of Ogbe-Ijo, and I got from the Government. I already stated above that I came from Bini River, an Ijo territory to Warri and working under the Government of the day as paramount Chief of Warri Province. I founded Odegene Town in Ogbe-Ijo territory in the early part of Twentieth Century. The Government of the Colony and Protectorate of Southern Nigeria, when Sir Walter Egerton was Governor and Seton James was a Commissioner for the then Central Province that the land of Ogbe-Ijoh was acquired by lease and to be in trust of the Government in 1906 and Alders Town in 1908. Myself, Chief Dore Numa and Chief Ogbo Yaunren were ordered by the Government and signed the two Deed of Leases, we were not aware when the Deeds of Leases were prepared for us to sign and again we cannot read and write. We only use our thumb impression."* 

Chief Dore Numa then concluded on paragraphs 12 to 14 in the most illuminating and candid language thus: ‘‘Warri is expanding from Ogbe-Ijo or New Warri in Warri being the first native settlement and also the first layout before Alders Town, Agbassa and Okere, the title is New Warri or Ogbe-Ijo by the Lease dated 30th July, 1906, for a term of 99 years, and to surrender for the Ogbe-Ijo native people after 99 years is completed. Between the Catholic Church and the Ogbe-Ijo Market was the native Cemetery of the Ogbe-Ijo people. And again the back of the Roman Catholic School was a fetish site of Ogbe-Ijo people. The territory of Ogbe-Ijo is very large, covering the Jekri settlement of Big-Warri or Okorotomu area. Historically, geographically a branch of Ogbe-Ijo people lived in Okorotomu (now Big-Warri) before Jekris came there by the beginning period of 19th century, most of the Jekris followed the European traders to Ogbe-Ijo, Warri. The Orugbo Jekri people came from the Forcados, Burutu and Oruselemo area, escorted by the Ijos of Ogulani (Ogulagha). This occurred about 100 years. Justice is the root of peace. I am a Government appointed paramount Chief who representing all the people of Warri Province. Partiality, nepotism and tribalism is not of my rule.’’

What could be more revealing than these words of the Late Chief Dore Numa, an Itsekiri man, who was appointed paramount Chief of the Warri Province, covering the present Warri Federal Constituency, all areas in Delta Central and Ukwani and signed all the leases for people in Warri, Sapele, Kwale, Agbor, Asaba and even Burutu?

It is important to note that Chief Dore Numa was never the representative of the Itsekiri monarch, but a colonial Government representative who was appointed for his role in assisting the colonial Government contrary to the wrong impression created by the Itsekiri Leaders of Thought. Chief Dore Numa signed the Ogbe-Ijoh and Alders Town Leases and there is no dispute up till this moment that Ogbe-Ijoh is an Ijaw Community in Warri metropolis.

The content of Chief Dore Numa’s letter is total confirmation of the 1928 Warri Township Assessment Report and the Operemor Clan’s Intelligence Report of 1930. As the report rightly stated and confirmed by Chief Dore Numa, Warri is expanding from Ogbe-Ijo or New Warri in Warri being the first native settlement and also the first layout before Alders Town, Agbassa and Okere. Furthermore, Chief Dore Numa stated that he, an Itsekiri man did not own land in Warri through native right of ownership, but through alienation. The government acquired the land from the Ogbe-Ijoh people and he got it from the Government. This is very striking and gives an idea of how the Itsekiris came to own land in Warri and turned to challenge Ogbe-Ijoh ownership of Warri.

In this connection, it is pertinent to note that all the leases given to people including Itsekiris in Ogbe-Ijoh, Warri metropolis bear the Ogbe-Ijoh name, despite deliberate efforts by the Itsekiri people to erase some. The following examples would suffice: File No. W.P/996, registered 13/2/1948 to the Muslim Community, Warri lease of D.G. Vol 11, Ogbe-Ijoh, Warri (where the Warri Central Mosque is located by Warri/Sapele Road, Warri). Department Southern Province, File No. 168/1926. W.P.B 332 Mr Wellington J.O, applying for the renewal of a piece of land at Ogbe-Ijoh, Warri issued to the late Mr F.J. Phillips. Reference No. A. 1234/23 of 6th July 1926, Mr. J. O. Agbeyegbe (an Itsekiri man), Application for a lease of crown land between Ogbe-Ijoh, Alders Town, Warri Province.

LEGISLATIVE RECOGNITION OF THE AUTONOMY AND IDENTITY OF THE IJAW PEOPLE IN THE WARRI METROPOLIS

The Ijaws have always had a distinct autonomy and identity in the Warri metropolis as supported by the following laws:

By the instrument establishing the Warri Divisional Council W.R.L.N 176 of 1955, the authority of the Warri Divisional Council was made up of the following Councils:

Benin River Local Council, Egbema Local Council, Ode–Itsekiri Local Council, Ugborodo Local Council, Gbaramatu Local Council, Koko Local Council and Ogbe – Ijoh Local Council. The Ijaws were given their distinct local councils.

The instrument establishing the Warri Urban District Council (W.R.L.N) 177 of 1955 recognizes the Ogbe-Ijoh lands of G.R.A and Alders Town as forming part of the Warri Urban. The law created twenty-one (21) electoral wards for Urhobo, Itsekiri and Ogbe-Ijoh, and the Ogbe-Ijoh Warri Urban areas in Warri metropolis were for political reasons delineated into Alders town ward B3, Ogbe-Ijoh ward C1, Ogbe-Ijoh ward C2 and ward F1 (GRA area). The Ijaws of Warri are excluded from the authority of the Itsekiri monarch.

The Chiefs Law of 1957, CAP 19, provides that: “The Olu of Warri is the prescribed authority of the Warri Division excluding Egbema, Gbaramatu and Ogbe-Ijoh Council Areas”. This meant that all the lands of the Ijaw people of Ogbe-Ijoh, Gbaramatu, Egbema, Isaba and Diebiri are excluded from claims by the Itsekiri people.

The 1979 Bendel State Traditional Rulers and Chiefs Edict, B.S.L.N 44, described the Amaokosu of Ogbe-Ijoh as the prescribed authority of Ogbe-Ijoh lands and people in Warri metropolis.

The Delta State Traditional Rulers, Chiefs and Council Law, Vol. 3, now cap T3 Laws of Delta State, 2006 recognizes four Clans in Warri Metropolis: Itsekiri Kingdom, where the Olu is the prescribed authority, Okere-Urhobo Kingdom where the Orosuen of Okere-Urhobo is the prescribed authority, Agbassa Kingdom where the Ovie of Agbarha is the prescribed authority and the Ogbe-Ijoh Kingdom where the Amaokosu of Ogbe-Ijoh is the prescribed authority of Ogbe-Ijoh Kingdom in Warri metropolis.

The purpose of the above laws is to the effect that the Ogbe-Ijoh Kingdom and their lands in Warri metropolis in Warri South Local Government Area are excluded from the claim of the Itsekiri people.

It is important to note that arising from the foregoing legal position, the Itsekiris filed Suit. No. A/36/1999 and Appeal No. CA/AS/4041/2016 through their late Monarch, Ogiame Atuwatse II against the Government of Delta State challenging the recognition of the following traditional rulers in Warri South Local Government: Orosuen of Okere-Urhobo, Ovie of Agbarha (Agbassa) and the Amakosu of Ogbe-Ijoh.

The Itsekiris Monarch prayed the court to be declared as the only known and recognised traditional ruler in Warri metropolis and lost the case in 2008. Not satisfied with the judgement, the Olu appealed against the judgement in appeal No CA/AS/441/2016 and the judgement was delivered on the 5th of June, 2023 where the Olu’s case was dismissed.  

WARRI SOUTH WEST LOCAL GOVERNMENT AREA

The Itsekiri Leaders of Thought also made a bogus and unsubstantiated claim to ownership of the majority of the areas in Warri South West LGA.

This like other claims is a spurious, baseless and deliberate falsehood to mislead the Commission. The Warri South West Local Government Area is made up of the Ijaw people of Ogbe-Ijoh, Gbaramatu, Isaba and Dieiri and a handful of Itsekiri people by the Escravos seashore. The geographical composition of the Warri South West Local Government Area starts from Ogbe-Ijoh town, the headquarters which is a few miles from the Warri metropolis and shares boundaries with Udu, Burutu, Warri South and Warri North Local Government Areas.

The entire area constituting the Warri South West Local Government Area from Ogbe-Ijoh town to the Escravos River is occupied by the Ijaw people with more than four hundred communities and settlements, except by the Escravos seashore where there are a few Itsekiri Communities namely Ugborodo, Madangho, Akpakpa, Ajudaibo and Ogidigben. The area of these Itsekiri Communities by the Escravos seashore is not more than 1.5 kilometres. Then, there is the Orere Community along the Benin River which is sparsely populated. These facts were verified by the Commission field officers. The puzzle is why was such a small area with a sparse population given more electoral wards and polling units over places with far higher land mass and overwhelming population.

This was what gave birth to the Supreme Court judgment in Appeal No. SC/413/2016 which has given the Itsekiris sleepless nights.

COURT CASES IN WARRI SOUTH WEST LGA

The Itsekiris laid claim to own the majority of the lands constituting the Warri South West LGA on the basis of court judgments is a baseless and deliberate ploy to mislead the reading public.

CASES AGAINST OGBE-IJOH FAMILIES IN WARRI SOUTH WEST LGA

The Itsekiris referred to the cases of Chief Apoh and Perememighan, and Eyin Pessu and Brigbe. The case of Apoh and Perememighan has nothing to do with Ogbe-Ijoh territory as neither the Plaintiff and Defendant nor the area of land is known to the Ogbe-Ijoh people. It is part of the usual scheme of the Itsekiris to misconstrue cases to cover areas that have nothing to do with the case.

The Itsekiris also relied on the case of Eyin Pessu and Brigbe concerning a small fishing creek to claim ownership of Ogbe-Ijoh land in Warri South West up to Burutu town in Burutu Local Government Area. This is a mischievous claim.

In the first place, the issue in Eyin Pessu v. Brigbe relates to a small fishing creek and does not relate to a larger Ogbe-Ijoh land. The area relating to the larger Ogbe-Ijoh land-sharing boundary with Burutu town was litigated in Suit No. W/30/71:

Chief Kenekeredi Bebeakele & Ors v. Alopkpa Olioki & Ors to the knowledge of the Itsekiris who applied to join through the Irigbe family (people) of Ode-Itsekiri by order of court made on 11th day of December, 1984 and the Ogbe-Ijoh people were declared to be the rightful owners of the area of land up to Burutu town. The judgment of the Warri High Court was upheld by the Court of Appeal on the 3rd day of March 1990 in Appeal No. CA/B/137/1987.

Furthermore, the Itsekiri people through the Inorin Community challenged the ownership right of Ogbe-Ijoh Communities along the Warri River in Suit No. WACC/651T/93: Wilikie & Anor of Inorin Itsekiri Community and Korukeme Inonakeme of Ogbe-Ijoh.

The Court dismissed the claim of the Itsekiri people over the ownership of Ogbe-Ijoh riverine communities along the Warri River and affirmed the Ogbe-Ijoh people as the rightful owners of the lands in a judgment delivered on the 18th day of March 1996.

CASES OVER GBARAMATU LAND

Gbaramatu is an exclusively Ijaw area with over 100 communities making up the Kingdom. The Itsekiris also claimed ownership of the entire Gbaramatu lands.

This claim is bogus and unfounded. What the Itsekiris do is to file a case against some individuals or families in some of the Communities within the Gbaramatu Kingdom and include a larger expanse of Gbaramatu lands that are neither owned nor affected by the case as part of their case and claim ownership over such lands on the basis of the outcome of the case.

For example, the Itsekiris in Suit No. W/124/76: SUNNY A. TUOYO & ORS V. MR. GODWIN AKORI & ORS sued the Obaro, Gbajo and Nehi families of Benikrurku. However, the Itsekiris included Oporoza, Okerenkoko, Kokodiagbene, Igoba, Azama, Akpata, Kunukunuma, Ugbefan, Kurutie, Opuwedebubor, Seitoro and entire Benikrukru communities’ lands of Gbaramatu Kingdom as part of their claim, but neither included them as parties in the action or their Litigation plan.

The Warri High Court gave judgment in their favour without including the wider Gbaramatu Communities and lands named in the statement of claim as parties.

On appeal to the Court of Appeal in Appeal No. CA/B/228/1997 by the Gbaramatu Communities, the Court of Appeal, Salauwa, JCA (now, JSC) set aside the judgment.

However, the reason for setting aside the judgment exposes the Itsekiri cunny way of claiming Gbaramatu land through cases conducted without the participation of the communities and people affected.

This is what the Court of Appeal said: ‘’In the instant case, it must be pointed out that it is on record that OBARO, GBAJO and NEHI families or communities were not sued on behalf of and /or representing the entire BENEKRUKRU Community let alone the entire GBARANMATU Clan. It is also obvious, that by paragraphs 18, 18(b), 19(b) of 4th Amended Statement of Claim thereof, the Plaintiffs have specially mentioned OPURAJA, OKERENGHIGHO, BOKOKODIA, UGBOBE, AJATITON, APATA, KUMUKUAMA, UGBEFAN, KRUTEYE, URUEMURE, SETORU AND OMIDUNDUN Communities or villages. Ironically, however, these features and important landmarks were not shown or reflected in the Plaintiffs’ own plan (Exhibit 1). Yet, the lower court in its wisdom found for the Plaintiffs regarding the said places in question. Thus, from the state of the pleadings and the evidence on record adduced at the trial of the case, it’s very obvious, as aptly maintained by the 2nd set of Appellants that – “From the state of pleadings and the evidence given before the trial court it was very apparent that fund (sic) third parties interest over the subject matter of dispute was discernible and the court on its own volition ought in the circumstances to have ordered the joinder of the parties ( in this case – the Ijaws of Gbaramatu Clan) and specifically those named in the pleadings as it were clear to the lower court that the case before him concerned the named three families of Benikrukru Community and not the entire Gbaramatu Kingdom.” Having amply considered the pleadings and the evidences on record, it is rather obvious that third parties’ interest over the land in dispute was discernible...’’

The foregoing summarises the Itsekiri cunny and dishonest claim to Gbaramatu lands through court judgments. The claim to Gbaramatu lands is made based on cases that the people were neither aware of nor were made parties.

We make bold to state that all the lands and settlements in the Gbaramatu Kingdom are owned and under the exclusive possession of the Gbaramatu people and any claim to the contrary should be disregarded.

ISABA KINGDOM LANDS

In relation to lands and communities owned by the Isaba Kingdom in Warri South West Local Government Area, the Itsekiris referred to a purported 1938 case involving one Chief Apoh and Pere without suit number, no name of the court and details of parties and capacities in which the suit was contested to claim ownership of Isaba lands.

Again, we state that this claim is spurious and fraudulent as well. The Isaba Community have never had a litigation with the Itsekiri people over ownership of lands within and around Itsekiri Kingdom at all.

The truth is that the Itsekiri Royal Family are descendants of Isaba Kingdom. It is an undisputed fact that Ginuwa 1 married to an Isaba woman known as Ebinimi-ere (Emaye) who gave birth to the current ruling houses in Itsekiri Nation and the relationship is maintained till date.

Therefore, it is baseless for Itsekiris to make any claim to Isaba land when own part of their origin to the Isaba Kingdom.

DIEBIRI CLAN

Also, the Ijaw people of Diebiri since colonial time has always maintain their separate identity and in control of their lands and community. On the 30th day of March, 1893, the Diebiri people signed a Treaty of Protection with the Colonial Government.

The 1931 Intelligence Report on Warri Province by C. C. Legge described the founder of Debiri Clan, Dio as the first person to settled in the Diebiri Community and deforested all the areas around what is now today known as Pessu Market in the boundary between Warri South Local Government Area and Warri South West Local Government Areas of Delta State.

WARRI NORTH LOCAL GOVERNMENT AREA

The Itsekiri Leaders of Thought in their said publication arrogantly stated that the Egbema Ijaws of Warri North Local Government Area have not contested the overlordship of the Itsekiri people, hence life has been easy. This statement summarises the arrogant nature of the Itsekiri people.

The Egbema Ijaw people are the owners of the lands they occupy under the Royalty of His Royal Majesty, the Agadagba of Egbema Kingdom recognised by the Delta State Traditional and Chiefs Law, 1999 as amended in 2006 and not in any way under the overlordship of the Itsekiris.

More importantly, in all the litigations between the Egbema Ijaws and the Itsekiri people, the Ijaws have come out victorious and declared as the rightful owners of the lands occupied by Egbema people and Itsekiris declared as customary tenants to the Ijaws of Egbema.

A few instances of these cases would suffice:In Appeal No. SC/208/2002: ANIREJU KEREGBE & ANOR V. SUNDAY KEREGBE & ORS, the Itsekiris of Obontegharedo, Koko in Warri North Local Government Area sued the Ijaws of Ogbeinbiri, Egbema Kingdom, also in Warri North Local Government Area over legal title to Uba Majebi Ogbosanine land.

The Itsekiri case was dismissed from the Area Customary Court up to the Supreme Court in a judgment delivered on 25/1/2008Also, in Suit No. W/53A/63, between Jonathan Okito & ors of Tsekelewu, Egbema Kingdom and Mele Ejuonoghogha, Itsekiri of Jakpa, Benin River, the High Court of the Mid-West Region presided over by Acting Judge, Arthur Prest (An Itsekiri) affirmed the earlier judgment of the Customary Court in Suit. C/S/2/58 which affirmed the Ijaws of Tsekelewu ownership of all the lands in and around Tsekelewu areas of Egbema Kingdom in Warri North Local Government Area of Delta.How would the Itsekiris claim that they own all the lands in Warri North LGA and the area is under their overlordship, when they have lost all the litigations with the Ijaws of Egbema? Obviously, the claim is baseless.

In any case, the truth is that the concept of overlordship which the Itsekiris used in misleading earlier courts is unknown to the customary mode of land ownership in the Niger Delta region of Nigeria.

POPULATION FIGURES

The Itsekiris in their desperate attempt to mislead the public referred to the 1963 population census to argue that they are the single largest ethnic group. This is another misinformation. The truth is that apart from the fact that the Itsekiri ethnic nationality is the only ethnic group in Delta State, without a single homogenous local government area, they are also minorities in all three Warri Local Government Areas.

Contrary to the claim of the Itsekiri people, the recent population census has used metrics that identified the population of respective communities. The 1991 population census was done based on Communities which clearly distinguish and identified the respective inhabitants. Also, the recent population and household survey carried out by the National Population Commission (NPC) in 2022 which is the most recent data was based on communities which distinguished between the different ethnic groups.

In all these recent population efforts, that is 1991 Census and 2022 housing survey, the Itsekiris are minorities in all three Warri Local Government Areas. Only recently Ariyo Robinson, an Itsekiri Traditional title holder on National TV and in social media profoundly asserted that the Itsekiris are not as many as their neighbouring Ijaw and Urhobos people population-wise because historically and to date Itsekiris are not used to marrying many wives and have many children.

The irony is how will a people with a smaller population have more political polling units and electoral wards than their neighbours who have a higher population?

ITSEKIRI REQUEST TO MULTIPLY PRE-SUPREME COURT JUDGMENT ELECTORAL WARDS SHOULD BE DISREGARDED

The ultimate aim of the Itsekiri Ethnic Nationality in their long treatise of irrelevant cases to electoral delineation was revealed in paragraph 62 (ii) of the publication when they demanded a multiplication of the pre-supreme court judgment electoral wards and polling units without reference to the reality on the ground. Mr. Chairman, this is the demon that has been chasing the Itsekiris! They know that they are minorities in all three Local Government Areas in Warri Federal Constituency, but want to maintain the majority on paper. If the pre-supreme court judgment electoral wards and polling units are just ‘multiplied’ as the Itsekiris requested without reference to the existing population, physical settlements and landmass, what then was the whole essence of the field work and Guidelines for delineation of electoral wards?

The Ijaws of Warri Federal Constituency, in unequivocal terms, reject the illegal and undemocratic demand of the Itsekiri people. Constituency delineation is the foundation of the democratic process and is the assurance of free, fair and credible elections. We are vehemently opposed to the Itsekiri proposal to delineate wards by ‘multiplication’ without reference to the actual facts on the ground.

This request will make a mockery of the ground trotting that has been severally and eloquently espoused by the Commission in its engagement with stakeholders as part of the execution of the Supreme Court judgment.  The reason for the request is that they know that they do not have the population figures to justify the electoral wards they had before the Supreme Court judgment. This is also the reason for their desperation to stop the delineation processes by filing multiple cases in different Divisions of the Federal High Court, namely Warri, Benin and Abuja to stop the delineation exercise by all means. It is incredible for people who heavily rely on court judgments to be so desperate to stop the execution of a judgment of the Supreme Court and in the process try to ridicule the Nigerian judiciary by desperately trying to use the Federal High Court to sit on appeal over a judgment of the Supreme Court.

These mischievous attempts must be resisted by all well-meaning Nigerians.

IJAWS OF WARRI DEMAND AND CONCLUSION

We the Ijaw people of Ogbe-Ijoh, Gbaramatu, Egbema, Isaba and Diebiri in Warri South, Warri South West and Warri North Local Government Areas of Warri Federal Constituency of Delta State hereby call on INEC to completely disregard the letter of the Itsekiri Leaders of Thought referred to above in the execution of the Supreme Court ordered fresh delineation of electoral wards and polling units.

We further demand that the Supreme Court-ordered delineation of electoral wards and polling units should be done in line with the INEC Guidelines based on the outcome of the fieldwork carried out by the Commission.

SIGNED FOR AND ON BEHALF OF THE IJAW PEOPLE OF WARRI FEDERAL CONSTITUENCY, DATED THIS 12TH DAY OF AUGUST, 2024 IN WARRI, DELTA STATE

HON. DENBO-DENBOFA OWEIKPODOR
HON. JOEL BISINA, PhD.
DR. PAUL BEBENIMIBO.
CHIEF ARTHUR AKPODUBAKAYE.
PASTOR SAMUEL AKO

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