Agbassa

Last updated

Agbassa is the name of Otovwodo Community under Agbarha-Warri Kingdom which is one of the two Urhobo kingdoms in Warri South Local Government, Delta State, Nigeria, the other being Okere-Urhobo. [1] The name 'Agbassa' is of British origin derives from its original name 'AGBARHA', which is still in use. The current king is H.R.M Kingsley Orereh (Igbi II), (ovie Of Agbarha-Warri Kingdom Warri South). [2]

Contents

History

The Agbassa people originally hail from Agbarha-Otor in Ughelli, within the Urhobo region. Due to internal conflicts, a group of farmers migrated south into the Itsekiri territory of the Kingdom of Warri. After negotiations with the Itsekiri, they were granted land in a place originally know as Ubomale and established a settlement named Agbarha after their home town. [3] [4] According to Rev. John Waddington Hubbard in his book The Sobo of the Niger Delta, this migration likely occurred in the late 18th century. Hubbard notes:

A migration occurred probably late in the eighteenth century, from a Sobo town called Agbarha, about twenty-three miles East of Warri in the middle of the Sobo country. These people crossed the Warri River and by negotiation with the Jekri obtained land from them…. built a village of their own which they named after their home-town, Agbarha. This is now one of the quarters of Warri. [5]

Composition

There are approximately seven communities that make up Agbarha Kingdom (Agbassa):

  1. Otovwodo (The traditional Headquarters)
  2. Igbudu
  3. Edjeba
  4. Ogunu
  5. Okurode (Okurode Urhobo)
  6. Oteghele
  7. Ukpokiti

In Agbassa, the Iyerin festival is celebrated annually, as well as Esemor and Iniemor. Another festival, known as Idju, is celebrated every two years throughout all the communities of Agbassa, as well as Okere-Urhobo. This festival is called Idju Owhurie Festival, popularly known as Agbassa Juju, [6] and it centers around the worship of the Owurhie, an Urhobo deity. [2]

However, the impact of western civilization as well as the spread of Christianity in Nigeria seemed to have led to a decline in the worship of the Owurhie, as many Urhobo people have now become Christians and have nothing to do with idol worship. [7]

Agbassa Land Litigation

The ownership of land in Warri, particularly the area claimed by the Agbassa people, has been the subject of prolonged legal disputes between the Agbassa (an Urhobo clan) and the Itsekiri people, including representatives of the Olu of Warri. These cases have traversed various levels of the Nigerian judicial system and reached the Privy Council in London.

The Agbassa people have asserted claims of ownership over parts of Warri. However, multiple court decisions have held that the Agbassa people are customary tenants of the Itsekiri under the overlordship of the Olu of Warri. [8] [9] [10]

Key Land Litigation Cases

Ogegede v. Dore Numa (1925)

In 1925, Ogegede, representing the Agbassa people, sued Chief Dore Numa for an account of rents. The Supreme Court of Nigeria dismissed the claim, citing a delay in action and finding the plaintiffs’ evidence unreliable. The court referenced the Full Court's decision in Denedo v. Dore Numa (1924), which had confirmed Dore Numa’s legal standing, and held that the plaintiffs did not meet the required burden of proof. [11]

Ometan v. Chief Dore Numa (1926)

In 1926, Ometan, on behalf of the Agbassa community, filed a claim for a declaration of title to lands in Warri. The court, presided over by Judge Webber, found that there was insufficient evidence of Agbassa occupation of the disputed lands beyond their village and farmlands. It was determined that the Agbassa had migrated from Agbassa Otor and settled in their present area over a century earlier. The court noted that Chief Dore Numa, acting under authority derived from the Olu of Warri, had exercised ownership rights over most of the disputed land since the early 20th century, including granting leases to the colonial government with the knowledge of the Agbassa people. The judgment concluded that while the Agbassa occupied their village and farmland, this was under the overlordship of the Olu of Warri. [12] [13] [14]

Agbassa Appeal to the Full Court (1931)

The Agbassa appealed the 1926 decision to the Full Court (now the Supreme Court). The appeal was dismissed, with the court holding that the plaintiffs had not established any recognized overlordship over the Itsekiri or proven ownership of the disputed area. The court observed that the Agbassa had been permitted by the Olu of Warri to settle in parts of Warri and had not demonstrated ownership beyond such occupancy rights. [15]

Agbassa Appeal to the Privy Council (1934)

The case was further appealed to the Judicial Committee of the Privy Council in London. On 26 October 1934, the Privy Council dismissed the appeal, describing it as “entirely a question of fact” and upholding the concurrent findings of the Nigerian courts. The Committee noted evidence indicating that the Agbassa people had settled on land originally held by the Itsekiri and had recognised the overlordship of the defendants, who had exercised acts of ownership, including leasing land to the government. [16] [17] [18]

Subsequent Cases

Several later judgments reaffirmed earlier findings:

  • Suit No. W/44/1941 (Jackson, Assistant Judge): The court ruled that all claimants were estopped from denying facts established in earlier decisions. [19]
  • Suit No. W/3/1949 (Ademola, Ag. Judge): The court referenced the earlier “Agbassa Land Case” and noted that the claimants had acknowledged the overlordship of the Olu of Warri, who held the land in trust for the Itsekiri people. [20]
  • Suits Nos. W/121/57 and W/41/57 (Obaseki, J.) and SC.67/1971 & SC.327/1972 (Supreme Court): Justice Obaseki held that the Agbassa community were tenants under native law and custom and subject to the overlordship of the Olu of Warri, whose interests were represented by the Itsekiri Communal Land Trustees. The Supreme Court of Nigeria affirmed these judgments in November 1973. [21] [22]
  • Chief Sam Warri Essi and Others v. Itsekiri Communal Land Trustees and The Attorney General (Western Region) (1960): Justice Adeyinka Morgan dismissed a claim seeking to nullify a 1911 lease, holding that customary law allowed the Olu of Warri to grant land to settlers and receive rents or tribute. [23]
  • Suit SC.328/1972 (Itsekiri Communal Land Trustees v. Warri Divisional Planning Authority, 1973): The Supreme Court of Nigeria held that the land in dispute formed part of the area covered by Ometan v. Dore Numa (1926), and that legal ownership previously exercised by the Olu of Warri was now vested in the Itsekiri Communal Land Trustees. [24]
  • Suits Nos. SC.67/1971 and SC.327/1972 (1973): In Chief Sam Warri Esi v. Chief Secretary to the Federation of Nigeria & Ors, the Supreme Court of Nigeria reaffirmed that the Agbassa, including Igbudu, were customary tenants of the Itsekiri Communal Land Trustees. [25] [26]

Despite these judicial findings, Agbassa groups continue to assert ownership claims over parts of Warri, sometimes citing recent traditional or administrative recognitions by the Delta State Government as supporting evidence. [27] [28] These assertions have also been challenged by Itsekiri organizations, which refer to prior court judgments as confirmation of Itsekiri legal ownership of the lands in question. [29] [30] [31]

Igbudu Market

Agbarha Kingdom (Agbassa) is home to Igbudu Market which was named after Igbudu Community of the Agbarha-Warri Kingdom, and which is also noted for being "the biggest market in the state". [32]

Commendation of current king

H.R.M Orhifi, one of the past kings Ovie Agbarha.jpg
H.R.M Orhifi, one of the past kings

In August 2024, the Vanguard Newspaper commended the current king H.R.M Kingsley Emakpo Orereh (Igbi II) for being "so refined, cultured, versatile, courageous, educated, outspoken, polite, committed, successful, invaluable, and accessible", which it said helped him to be "widely accepted, celebrated, loved, and cherished", with him being dubbed "the City King". [32]

Notable people

References

  1. Akenzua, Nosa (2021-04-03). "Delta : Agbarha Warri set to celebrate 'Agbassa Juju Festival'". Platinum Post News. Retrieved 2022-01-18.
  2. 1 2 "Delta CP lauds Agbarha monarch on peace, Edion Hall". Vanguard News. 2016-08-17. Retrieved 2022-01-18.
  3. "Citation - The Sobo of the Niger Delta; a work dealing with the history and languages of the people inhabiting the Sobo (Urhobo) Division, Warri Province, southern Nigeria, and the geography of their land. - UW-Madison Libraries". search.library.wisc.edu. Retrieved 2025-06-08.
  4. Ayomike, J. O. S. (1988). A History of Warri. Ilupeju Press. p. 15.
  5. Hubbard, John Waddington (1952). The Sobo of the Niger Delta. Zaria: Gaskiya Corporation. pp. 7–8.
  6. "Agbarha people celebrate Agbassa juju festival with eminent personalities in attendance - GbaramatuVoice Newspaper". 2021-04-21. Archived from the original on 2022-01-19. Retrieved 2022-01-18.
  7. "HISTORY OF URHOBO PEOPLE". EdoWorld.net. Archived from the original on 2023-09-27. Retrieved 2024-05-07.
  8. "Itsekiri Historical Front fact-checks Chief Ominimini's Statements in His So-Called Urhobo State Press Conference". Freshangle News. 2024-10-12. Retrieved 2025-06-03.
  9. "Who Owns Warri Urban?". Warri Voice Online. 2024-01-17. Retrieved 2025-06-08.
  10. Jeremiah, Urowayino (2024-10-15). "Warri not Urhobo land, group dismissed ownership claims". Vanguard News. Retrieved 2025-06-08.
  11. Court, Nigeria Supreme (1960). Reports of Cases Decided in the Supreme Court of Nigeria, on Appeal from the High Court of Western Nigeria, and the High Court of Western Nigeria. p. 25.
  12. The All Nigeria Law Reports. National Committee on Law Reporting, Federal Ministry of Justice. 1973. p. 121.
  13. Court, Nigeria Supreme (February 1973). Judgments of the Supreme Court of Nigeria Delivered in ... Government Printer. p. 211.
  14. Court, Nigeria Supreme (1961). Law Reports. pp. 46–50.
  15. Court, Nigeria Supreme (1983). Judgments of the Supreme Court of Nigeria Delivered in ... Authority. p. 69.
  16. "Ometa v Chief Dore Numa, since deceased (Nigeria) [1934] UKPC 63". CaseMine. Retrieved 2025-06-07.
  17. Committee, Great Britain Privy Council Judicial; Chukura, Olisa (1981). Privy Council Judgments: Opinions of the Judicial Committee of the Privy Council in Appeals from West Africa, 1841 to 1973. Gillford. p. 270.
  18. Conference, Nigerian Institute of Social and Economic Research (1956). Annual Conference. University College. p. 106.
  19. The All Nigeria Law Reports. National Committee on Law Reporting, Federal Ministry of Justice. 1973. p. 123.
  20. The All Nigeria Law Reports. National Committee on Law Reporting, Federal Ministry of Justice. 1973. p. 124.
  21. The All Nigeria Law Reports. National Committee on Law Reporting, Federal Ministry of Justice. 1973. p. 113.
  22. "ESI & ORS. v. Chief Secretary to the Federation of Nigeria & ORS. (1973) JELR 48786 (SC)". Judy Legal. Retrieved 2025-06-03.
  23. Court, Western Nigeria (Nigeria) High (1961). Reports of Cases Decided in the Federal Supreme Court (on Appeal from the High Court of the Western Region) and the High Court of the Western Region. Government Printer. pp. 18–25.
  24. "3PLR - Itsekiri Com. Land Trust v. Warri Div. Plan. Authority". 2018-09-27. Retrieved 2025-06-03.
  25. Hub, LawGlobal (2023-02-14). "Chief Sam Warri Esi Vs The Chief Secretary To The Federation Of Nigeria & Ors (1973) LLJR-SC". LawGlobal Hub. Retrieved 2025-06-03.
  26. "Chief Sam Warri Esi vs The Chief Secretary to the Federation of Nigeria & Ors (1973)". LawCare Nigeria. Retrieved 2025-06-03.
  27. "Controversy brews as Urhobo faults Itsekiri's claim to ownership of Warri". The Sun. Retrieved 2025-06-03.
  28. "Victor Okumagba: Itsekiri have no ancestral roots in Warri township, no claim to land". Arise News. Retrieved 2025-06-03.
  29. "WPIF cautions UPU youth wing against fresh crisis in Warri". Vanguard News. Retrieved 2025-06-03.
  30. "Family insists on right to land rents". The Nation. Retrieved 2025-06-03.
  31. "Collins Edema: Urhobos were granted land in Warri on condition of service to Itsekiri Monarch". Arise News. Retrieved 2025-06-03.
  32. 1 2 Godstime, Assin (5 August 2024). "CITY KING: The Ovie of Agbarha-Warri Kingdom". Vanguard Newspaper . Retrieved 27 October 2024.


Further reading