Justice David Gbasam, who presided over the matter, struck out Suit No. DHC/76/CS/2020, instituted by the Usokun community on May 6, 2020, on the doctrine of res judicata, holding that the issues had long been settled by competent courts.
The court noted that ownership of the disputed Obupiri land had already been awarded to the Obuama community in Suit No.164/38, decided in 1938.
Consequently, Gbasam ruled that the fresh action constituted an abuse of the judicial process and dismissed the case.
Following the judgment, counsel to the Obuama community, S. V. Harry, informed the court that he would not seek costs against the Usokun community, despite the victory. Based on that position, the court made no order as to costs.
Reacting to the judgment, the Amanyanabo of Torusarama Piri, Elem Kalabari, King Mujahid Dokubo-Asari, described the ruling reaffirming that King Amachree I brought the Usokun people to settle there, as a welcome relief for the Obuama community, expressing hope that it would bring an end to what he called decades of needless litigation and provocation.
“We are very happy. It is a great relief. We believe this act of provocation will stop for some time. We know they are likely to appeal, and we are fully prepared for that. With the facts on our side and judicial precedents dating back to 1925, we are confident that justice will continue to prevail,” Dokubo-Asari said.
While calling for peaceful coexistence between both communities, the traditional ruler maintained that genuine peace must be anchored on respect for established legal rights.
“We have always been magnanimous in victory,” he stated, recalling that only two weeks ago, members of the opposing community convicted in a criminal matter were granted leniency after leaders from Obuama remained in court and appealed for mitigation of their sentence, leading the court to impose an option of fine instead of imprisonment.
“The responsibility for lasting peace now rests with the opposing community. If they want peace, we are ready for peace. But we cannot surrender our ancestral rights in the name of peace. What they seek is for us to give up our land, and that is something we cannot do,” he said.
Dokubo-Asari further alleged that the land dispute has persisted for more than a century, with repeated litigation despite several judicial pronouncements in favour of Obuama.
“The first case was instituted in 1923, with a final decision by the West African Court of Appeal in 1925. Yet, they returned to court in 1925, then again in 1932, 1935, 1938 and most recently now in 2020. It has been a vicious cycle of repeated litigation and propaganda,” the monarch said.
He maintained that successive courts had consistently upheld Obuama’s ownership of the land and expressed confidence that any appeal would produce the same outcome.
“We have always followed due process by approaching the courts for protection, and the courts have consistently upheld our rights. We thank God for today’s judgment,” Dokubo-Asari said.
