The case was initially instituted against PWAN Group, its Chairman, Dr. Austin Onwunmere, and several others who were involved in the unauthorized acquisition, advertising, and sale of large expanses of land behind the Delta State Polytechnic, and throughout Edo Ogwashi-Uku as well as lands along the Edo Ogwashi-Uku road in Aniocha South Local Government Area.
Court sources told our correspondent that PWAN and its chairman threw in the towel after the testimony of the plaintiffs’ witnesses and filed a motion to nullify their interest in the lands in the area. This was after their lawyer sought to withdraw a court ordered letter of guarantee not to advertise, parcellate or do any work at the site during the pendency of the trial. Lawyers to the Obi of Ogwashi-Uku Chief Arthur Obi Okafor SAN, opposed the withdrawal of the letter which then culminated in PWAN throwing in the towel in the matter. After the withdrawal of PWAN from the land in dispute, the court proceeded with the case against the others who had been developing and selling land behind the Delta State Polytechnic Ogwashi-Uku and throughout Edo Ogwashi-Uku and along the Edo Ogwashi-Uku road. The final judgment was given on June 23, 2025.
Delivering judgment, the court made far-reaching declarations that have further clarified the land tenure system in Ogwashi-Uku. The Court found and gave judgement as follows:
That subject to the Land Use Act, 1978, the Obi of Ogwashi-Uku is the overlord, manager, and custodian of all lands within Ogwashi-Uku Kingdom, including the lands in dispute.
That any purported sale or alienation of the lands behind the Delta State Polytechnic or land in Ogwashi-Uku without the express consent of the Obi is null, void, and of no legal effect whatsoever.
That the defendants and any other persons cannot sell, mortgage, develop, advertise, or otherwise appropriate the lands in dispute or any portion of land in Ogwashi-Uku without first obtaining the consent of the Obi.
That the entry, occupation, and attempted sale of the said lands in dispute or any other lands in Ogwashi-Uku without the Obi’s approval amounted to trespass.
In addition to these declarations, the court granted an order of perpetual injunction restraining the defendants, their agents, cohorts, or assigns from engaging in further trespass, sales, advertisement, or development of any behind the Delta State Polytechnic, in Edo Ogwashi-Uku or any land in Ogwashi-Uku without the express consent and/or approval of the Obi.
The court also awarded ₦20 million in general damages against the defendants for trespass and unauthorized dealings on Ogwashi-Uku communal land.
This comprehensive and far-reaching judgment serves as a major victory for the Ogwashi-Uku Kingdom, effectively nullifying all unauthorized land transactions carried out by individuals and companies operating outside the knowledge and authority of the Obi-in-Council. It also reaffirms the long-standing legal and traditional position that the Obi of Ogwashi-Uku is the custodian of all communal lands in the kingdom—a principle that had previously been upheld in several judicial decisions.
Reacting to the judgment, Prince Ifeakanachukwu Emordi, the Palace Secretary, expressed deep satisfaction, stating: “We are grateful for this clear and courageous decision by the Delta State High Court. This judgment sends a strong message to those who attempt to grab land and circumvent our traditional institutions. The Obi holds the land of Ogwashi-Uku in trust for the people, and any attempt to deal with our communal lands without his approval is illegal, illegitimate, and will be challenged in the courts.”
He further advised all individuals and corporate bodies to cease their brazen rape of Ogwashi-Uku lands and to follow due process by obtaining the required consent of the Obi, and warned that the Palace would continue to take legal action against unauthorized land dealers who seek to dispossess the community of its heritage.
With this ruling, observers say the court has not only defended the traditional rights of the Ogwashi-Uku monarchy but has also laid to rest the confusion deliberately created by unscrupulous indigenes who have been collaborating with land developers and speculators seeking to profit from communal property without accountability.
The judgment is expected to have widespread implications for land transactions within Ogwashi-Uku and other communities across Delta State, particularly in the growing urban fringes like Edo Ogwashi, Azagba Ogwashi, Aboh Ogwashi, Olloh Ogwashi, Isah Ogwashi where rapid development has recently attracted the attention of speculative land dealers.
Our reporter has confirmed that recovery and execution of the court writ of possession has commenced with the approval from the Judge of the High court and also with the Inspector General of Police providing police officers to work with the court bailiffs to recover the land. Community sources confirm that the exercise will be massive considering the widespread illegal sale of land in the court determined area.
