Appeal Court Restrains Gbeneye From Bearing Unauthorized Traditional Title In Ogulagha Kingdom

The Court of Appeal in Asaba, Delta State, has restrained Chief Lucky Gbeneye from referring to himself as Gbeneye 1 of Ogulagha Kingdom, with a fine of N500,000 as damages.

Recall that the Ogulagha Kingdom Traditional Council of Chiefs, had in a publication faulted Chief Lucky Gbeneye for bearing an illegal and non existent title such as Gbeneye 1 of Ogulagha Kingdom.

Reacting to the publication, Gbeneye ( appellant ) dragged the Traditional Ruler of Ogulagha Kingdom, His Royal Majesty, Elder Capt King Joseph Timiyan (PhD) and Ogulagha Kingdom Traditional Council of Chiefs ( defendants) before Delta State High Court, Effurun, demanding for N100bn compensation for alleged libel and defamation of his character.

Gbeneye also demanded that the High Court, Effurun, should order the Defendants to write a letter of apology, amongst others.

But, the Presiding Judge, High Court, Effurun, Coram; R. Harriman (J), in a judgement delivered on 10th October, 2023, ordered him ( Gbeneye) to stop forthwith bearing a title ( Gbeneye 1 of Ogulagha Kingdom) which was illegal and not authorized by the Paramount ruler of the kingdom.

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The High Court, Effurun in suit no. EHC/158/2021, also dismissed all claims and demands made by Gbeneye.

Not satisfied with judgement of High Court, Effurun, Gbeneye ( appellant) further dragged the defendants before the Court of Appeal in Asaba.

However, the 3-man Justices of Court of Appeal, Asaba, Misitura Omodere Bolaji-Yusuf; Abimbola Osarugue Obaseki-Adejumo; Abdul-Azeez Waziri in a unanimous judgment delivered on Tuesday 11th June, 2024, restrained Gbeneye from referring to himself as Gbeneye 1 of Ogulagha Kingdom.

The Court of Appeal, Asaba, in suit no. CA/AS/279/2023, in a judgement delivered by Abimbola Osarugue Obaseki-Adejumo JCA, said, “ Having resolved all issues against the Appellant, this appeal fails and lack merit and is hereby dismissed “

The Court of Appeal judgment further reads, “ The Judgment of the Delta State High Court sitting at Effurun Coram: R. HARRIMAN ( J) in suit no. EHC/158/2021 delivered on 10th October, 2023 is hereby affirmed “

“ The cost of Five Hundred Thousand Naira ( N500,000 ) is awarded against the appellant ( Chief Lucky Gbeneye).