Gelegele Is Benin Land: Legal Scholar Rebuts Asari Dokubo's Claims With Historical, Geographical, And Constitutional Evidence
A legal practitioner, political scientist, and public policy analyst, Dr. Osa Washington Osifo, has strongly refuted recent claims by Niger Delta activist Asari Dokubo that Gelegele and surrounding communities belong to the Ijaw people rather than the Benin Kingdom, describing the assertions as historically inaccurate, legally unfounded, and potentially inflammatory.
In a detailed exposition released on Thursday, Osifo maintained that Gelegele, a riverine community in Edo State, has always been an integral part of the Benin Kingdom and remains so under Nigeria's constitutional and legal framework.
The scholar's intervention follows a series of social media statements attributed to Dokubo, in which he allegedly claimed ownership of Gelegele on behalf of the Ijaw people and threatened conflict involving Edo State. Dokubo was also accused of making remarks considered offensive to the revered Benin monarchy and the Oba of Benin, His Royal Majesty Omo N'Oba N'Edo Uku Akpolokpolo Ewuare II.
Gelegele's Historical Roots in Benin Kingdom
According to Osifo, historical records dating back to the 15th century identify Gelegele as one of the principal river ports of the Benin Kingdom, alongside Ughoton (Gwato) and Forcados.
He cited early Dutch and Portuguese maritime records which reportedly described Gelegele as a port under the authority of the "Great King of Benin," noting that British colonial treaties and administrative documents similarly recognized the area's status within Benin territory.
Osifo referenced the Gallwey Treaties of 1892 and 1894, arguing that agreements concerning trade and administration along the Benin River corridor were executed with the Oba of Benin and not with any Ijaw authority.
He further noted that colonial records from the early twentieth century consistently listed Gelegele under Benin Province, reinforcing what he described as centuries of documented Benin sovereignty over the area.
While acknowledging the presence of Ijaw communities in Gelegele, Osifo argued that historical accounts indicate they arrived as settlers between the 16th and 18th centuries under Benin's policy of accommodating migrant communities.
"Settlement does not translate into sovereignty," he stated, adding that Benin's traditional system distinguished between indigenous ownership and the rights granted to settlers.
Geography and Administrative Boundaries
The legal scholar also relied on geographical and administrative evidence to support his position.
He noted that Gelegele is located within Ovia North-East Local Government Area of Edo State, a status recognized under Nigeria's constitutional framework and local government structure.
According to him, maps produced by the National Boundary Commission and official survey documents consistently place Gelegele within Edo State's territorial boundaries.
Osifo further argued that no federal map, administrative instrument, or boundary adjustment has ever transferred Gelegele to Delta, Bayelsa, Rivers State, or any other jurisdiction.
He maintained that references to the Benin River should not be misconstrued as evidence of ownership by any ethnic group, emphasizing that waterways do not alter constitutionally recognized land boundaries.
Legal Foundations of Ownership
Addressing the legal dimensions of the dispute, Osifo cited customary law, statutory provisions, and judicial precedents.
He argued that under Benin native law and custom, land is traditionally held in trust by the Oba of Benin for the people, with rights of occupation granted through established customary institutions.
He referenced several judicial authorities, including Osamwonyi v. D.U. Egharevba and Amodu Tijani v. Secretary, Southern Nigeria, which he said affirm the distinction between ownership and occupancy rights under customary law.
On statutory authority, Osifo pointed to the Land Use Act of 1978, noting that all land within a state is vested in the governor of that state to hold in trust for the people.
He argued that this legal framework leaves no room for competing ethnic claims over land situated within Edo State.
Similarly, he cited provisions of the 1999 Constitution, stressing that Ovia North-East Local Government Area is constitutionally recognized as part of Edo State and that boundary issues can only be altered through lawful constitutional processes.
Defence of the Benin Monarchy
Osifo also defended the Benin monarchy, describing it as one of Africa's oldest surviving traditional institutions.
He stated that the authority of the Oba historically extended across territories connected to the kingdom's trade routes and river ports, including Gelegele.
According to him, historical records preserved within Benin's traditional institutions consistently identify Gelegele as a Benin settlement linked to the authority of the crown.
He condemned what he described as attacks on the person and institution of the Oba of Benin, arguing that respect for traditional institutions remains essential to social harmony and cultural preservation.
Call for Peace and Restraint
While firmly rejecting Dokubo's assertions, Osifo urged all parties to avoid inflammatory rhetoric capable of undermining peace and national unity.
He warned that threats of violence over territorial claims have no place in a democratic society governed by law and constitutional order.
The scholar emphasized that Nigeria's legal and constitutional frameworks provide mechanisms for resolving disputes and cautioned against statements that could incite ethnic tensions.
He also extended a message of goodwill to Ijaw residents of Gelegele and surrounding communities, describing them as valued members of the local population who have lived peacefully within the area for generations.
"History Has Already Delivered Its Verdict"
Concluding his exposition, Osifo maintained that historical records, geographical evidence, customary law, statutory provisions, and constitutional boundaries all point to the same conclusion.
According to him, Gelegele remains an inseparable part of the Benin Kingdom's historical heritage and an integral component of Edo State under Nigerian law.
He argued that neither political rhetoric nor social media campaigns can alter what he described as centuries of documented history and legally established boundaries.
"History, law, geography, and tradition have already delivered their verdict," Osifo stated, insisting that Gelegele remains Benin land and urging all stakeholders to pursue peace, truth, and mutual respect.
