ABSTRACT
This long essay entitled “Examining the Benin’s Monarchy influence on land ownership in Edo south senatorial district: legal and socio- cultural perspectives. Which seeks to analyze the role of the Oba of Benin, the Enogie’s who act as dukes in the respective communities, and the Odionwere’s who are the oldest men in the community, who partake in the dispute resolution of land issues. This work goes ahead to identify the source of legitimacy, wherein is exercised by these traditional rulers in a constitutional democracy , whether they are exercisable according to the constitution, also whether they are considerable alternatives to the overburdened Nigerian court system, the forms of remedies obtainable at such proceedings, as it were, is another major area where this work keenly focuses its searchlight, whether such remedies are adequate, realistic, practically realizable and enforceable and the inhibitions to the smooth running of the proceedings. It is trite that the Benin monarchy has historically had a significant influence on land matters in the region, as the traditional rulers of the area the Benin proverb that says OBA YAN TOR KE MWAN EVBUEBO which mean that the Oba of Benin is the owner of all the land in the world. The Oba of Benin and his council historically were responsible for the allocating of land to the various group and individuals, settling disputes over land ownership and maintaining the overall integrity of the land tenure system. The extant land tenure system in Edo south senatorial district is very complex and unique, this land system is peculiar to the Benin people. One of the key ways in which the Benin monarchy exercises its influence over land matters was through the use of the Ogiso system, under this system land was allocated to the various groups based on their social status, and societal contribution in general. The Oba of Benin was responsible for overseeing the allocation process and ensuring that land was distributed fairly and 2 equitable. The Oba was viewed as the custodian of all the norm and traditions practiced by the Benin people, he therefore holds the responsibility to ensure the integrity of the land tenure system practiced, resolving disputes over land ownership and use, the Oba and his council were responsible for hearing cases related to land disputes and their decisions were considered final and binding. Even today the Oba and his council continue to play an important role in land allocation and dispute resolution in the Benin kingdom, even with the move from where the Oba was the sovereign ruler of the people in whom resided all the administrative power to the new dispensation of a constitutional government and representative democracy where land is vested in the state governor and adjudicatory functions are carried out by the judiciary, which is the arm of government with the responsibility of dispute resolution and servicing of remedy. This is a background on issues which have all contributed in motivating this work. The sources of information used here is the doctrinal method of acquiring data, thus combining several documents including statutes, law texts, journals, law reports, pamphlets and the internet to accomplish the work.
