12/09/2026
CROSS-EXAMINATION OF THE CLAIM THAT THE MULTI-ETHNIC CHARACTER OF WARRI NEGATES THE ITSEKIRI CLAIM OVER WARRI
A REBUTTAL TO APST. G. O. YAMUNUMA
THE HISTORICAL AND LEGAL RECORD OF THE ITSEKIRI NATION IN WARRI
BY TGM AMIWERO, ESQ., AICMC.
The central error in Apst. G. O. Yamunuma’s intervention is simple:
It confuses the subsequent expansion of the colonial use of the name “WARRI” with the historical identity of the Itsekiri Nation, its traditional institution and its customary land rights in WARRI.
Nobody disputes that the British subsequently administered a large and multi-ethnic territory under the name WARRI Province and later WARRI Division.
But that does not answer the fundamental question:
What existed in WARRI before the British converted the name into a wider colonial administrative designation?
The answer is clear:
The Itsekiri Nation, its traditional political institution and the Olu of WARRI.
The colonial administrative map cannot be used retrospectively to erase the history that preceded it.
1. WHAT WAS WARRI BEFORE THE COLONIAL ADMINISTRATIVE MAP?
There must first be a distinction between WARRI as a historic Itsekiri centre and traditional institution and WARRI as a later colonial administrative designation.
Ode-Itsekiri was historically associated with the original WARRI. T. E. A. Salubi's 1952 account itself records the successive application of the name WARRI—from the original Itsekiri settlement to the trading and government station and subsequently to wider administrative territories.
That is fatal to the argument that WARRI's historical identity began with the British administrative map.
CROSS-EXAMINATION
Question: Was there a historic political entity associated with the Itsekiri Nation before the creation of WARRI Province?
Answer: YES.
Question: Was Ode-Itsekiri historically associated with the original WARRI?
Answer: YES.
Question: Did the British subsequently extend the geographical application of the name WARRI?
Answer: YES.
Question: Did that later administrative expansion abolish the pre-existing traditional institution of the Itsekiri Nation?
Answer: NO.
Therefore:
The subsequent colonial expansion of the geographical meaning of WARRI cannot erase its pre-existing Itsekiri identity.
2. WARRI PROVINCE WAS MULTI-ETHNIC. SO WHAT?
This is the foundation upon which much of the opposing argument rests.
It is also the weakest foundation.
Yes, WARRI Province contained Itsekiri, Urhobo, Ijaw and other communities.
But WARRI Province was a colonial administrative creation.
A colonial province was an instrument of administration. It was not an ethnic title deed.
The British could place several peoples within one administrative territory without thereby declaring that every people within it owned every piece of land in that territory.
CROSS-EXAMINATION
Question: Did WARRI Province contain Urhobo communities?
Answer: YES.
Question: Did it contain Ijaw communities?
Answer: YES.
Question: Did it contain Itsekiri communities?
Answer: YES.
Question: Does the presence of several ethnic groups within a colonial province extinguish the original Itsekiri Nation's pre-existing customary rights to Warri?
Answer: NO.
Question: Does it establish that the Itsekiri Nation had no traditional authority or communal land rights to WARRI?
Answer: NO.
Therefore, the statement that WARRI Province was multi-ethnic proves only that the colonial province was multi-ethnic.
It does not disprove the historical rights and identity of the Itsekiri Nation to WARRI.
3. THE PRESENCE OF URHOBO COMMUNITIES IN WARRI DOES NOT MAKE WARRI URHOBO LAND
This is the fundamental fallacy.
Residence is not synonymous with title.
Occupation is not synonymous with radical title.
Customary tenancy is not synonymous with ownership.
The Nigerian judicial record concerning WARRI lands demonstrates this distinction.
In the litigation concerning Igbudu and other lands in WARRI, the courts considered the relationship between the Agbassa community and the customary authority of the Olu of WARRI. The trial court found the Agbassa community to be customary tenants under the overlordship of the Olu of WARRI, and the Supreme Court record discusses the legal estate historically vested in the Olu of WARRI on behalf of the Itsekiri Nation and subsequently vested in the Itsekiri Communal Land Trustees.
The point is decisive.
The fact that Urhobo people occupied land in WARRI did not, by itself, transform that occupation into absolute ownership.
Therefore:
“Urhobo people lived in WARRI, therefore WARRI was Urhobo land”
is not a proposition established by the historical or judicial record.
4. JEKRI-SOBO DOES NOT DESTROY THE ITSEKIRI CLAIM
The opposing argument relies heavily on Jekri-Sobo because both Itsekiri and Urhobo communities were administered within that arrangement.
But Jekri-Sobo was a colonial administrative arrangement.
It cannot be converted into a declaration of original ownership of every parcel within it.
More importantly, the colonial administration subsequently reorganised the arrangement. Salubi's 1952 account records the 1950 administrative changes and the creation of an Itsekiri Division following the separation of the relevant administrative components.
CROSS-EXAMINATION
Question: Were Urhobo communities administered within Jekri-Sobo?
Answer: YES.
Question: Was Jekri-Sobo itself a colonial administrative arrangement?
Answer: YES.
Question: Did its creation extinguish the traditional authority of the Itsekiri Nation?
Answer: NO.
Question: Did its existence automatically vest title to every parcel of land in every ethnic group residing within it?
Answer: NO.
Therefore:
Jekri-Sobo establishes colonial administrative coexistence. It does not extinguish Itsekiri customary rights.
5. THE BRITISH DID NOT CREATE THE ITSEKIRI NATION NOR THE WARRI KINGDOM
This point requires no apology.
The Itsekiri Nation and its traditional political institution predated British colonial administration.
The British did not arrive in an empty geographical space and create the Itsekiri Nation nor it's traditional political institutions by administrative fiat.
They encountered an existing people, existing settlements, existing customary institutions and an existing traditional authority.
The colonial administration subsequently imposed its own administrative structures upon that existing reality.
Therefore, the argument that:
“WARRI Division contained several ethnic groups”
starts from the wrong historical premise.
The proper question is:
What pre-existing traditional and customary institution did the British encounter and subsequently administer?
The answer includes:
THE ITSEKIRI NATION AND THE OLU OF WARRI.
6. THE OLU OF WARRI IS NOT A COLONIAL INVENTION
The attempt to reduce the Olu of WARRI to a product of colonial administration is historically untenable.
The very historical controversy surrounding the designation of the Olu demonstrates the pre-existing Itsekiri traditional institution associated with WARRI.
Salubi's 1952 account itself discusses the historical relationship between the designation Olu Itsekiri and the later designation Olu of WARRI.
The existence of debate over the title does not establish the non-existence of the institution.
On the contrary, it demonstrates that the traditional institution was sufficiently established to become the subject of historical and political controversy.
The important point is this:
The British did not create the traditional authority of the Itsekiri Nation merely by using the name WARRI in colonial administration.
7. THE 1959 ITSEKIRI COMMUNAL LANDS TRUST IS A MATTER OF LAW, NOT POLITICAL RHETORIC
One of the most important pieces of evidence ignored in the opposing narrative is the Warri Division (Itsekiri Communal Lands) Trust Instrument, 1959.
Its significance is not merely historical.
Its legal effect was subsequently litigated before the Nigerian courts.
In Chief Sam Warri Esi v. Chief Secretary to the Federation & Ors, the judicial record expressly considered the Trust Instrument and stated that the rights in or over land in WARRI Division exercisable on behalf of the Itsekiri Nation by the Olu of WARRI were vested in the Itsekiri Communal Land Trustees.
That is an important legal record.
CROSS-EXAMINATION
Question: Was there a Warri Division (Itsekiri Communal Lands) Trust Instrument, 1959?
Answer: YES.
Question: Did it vest specified communal rights previously exercisable by the Olu of WARRI in the Itsekiri Communal Land Trustees?
Answer: YES.
Question: Did the Nigerian courts subsequently adjudicate disputes involving those rights?
Answer: YES.
Question: Can the Itsekiri communal land claim therefore honestly be dismissed as a recent political invention?
Answer: NO.
8. ITSEKIRI COMMUNAL LAND TRUSTEES v. WARRI DIVISIONAL PLANNING AUTHORITY CANNOT BE IGNORED
The Supreme Court decided Itsekiri Communal Land Trustees v. Warri Divisional Planning Authority & Ors, Suit No. SC.328/1972, on 28 November 1973. The case is reported at [1973] 11 S.C. 235.
This was not a political meeting.
It was litigation before the highest court of the land concerning land and the legal interests claimed by the Itsekiri Communal Land Trustees.
The judicial record concerned the legal estate and rights historically exercised by the Olu of WARRI on behalf of the Itsekiri Nation and subsequently vested in the Trustees.
The significance is obvious:
The Itsekiri communal land interest in WARRI was sufficiently real and legally cognisable to be litigated before the Supreme Court of Nigeria.
The opposing narrative cannot simply jump from the existence of Urhobo and Ijaw communities to the conclusion that the Itsekiri communal claim therefore disappears.
9. IDUNDUN v. OKUMAGBA DIRECTLY INVOLVED THE ITSEKIRI CLAIM IN OKERE, WARRI
The case of D.O. Idundun & Ors v. Daniel Okumagba, Supreme Court of Nigeria, S.C. 309/74, decided in October 1976, concerned land at Okere, WARRI.
The parties included:
- members of the Ogitsi family of Okere, WARRI;
- the Itsekiri Communal Land Trustees; and
- Erejuwa II, the Olu of WARRI, for himself and on behalf of the Itsekiri people.
The claim pleaded that, under Itsekiri customary law, the land was the property of the Ogitsi family subject to the overlordship of the Olu of WARRI, with that interest vested in and exercisable by the Itsekiri Communal Land Trustees pursuant to the 1959 legal instruments.
It is important to be precise:
The Supreme Court did not grant the appellants the declaration they sought.
But that does not assist the opposing argument in the way suggested.
The case demonstrates that the Itsekiri customary land system, the Itsekiri Communal Land Trustees and the customary authority of the Olu of WARRI were directly litigated in respect of land at Okere, WARRI.
The Supreme Court's decision therefore cannot honestly be cited as authority for the proposition that the Itsekiri have no customary land history or customary land rights in WARRI.
Indeed, the case has been specifically discussed in the Journal of African Law as a case concerning Itsekiri customary land law.
10. THE JACKSON LINE DOES NOT DESTROY ITSEKIRI TERRITORIAL RIGHTS
The 1941 Jackson settlement concerned a specific boundary dispute involving Itsekiri and Oghareki/Oghara interests.
It should be understood for what it was.
It was evidence of the formal delineation of a particular boundary between Itsekiri and neighbouring Urhobo interests.
It was not a declaration that the Itsekiri had no territory.
Therefore:
The Jackson Line is evidence of an Itsekiri territorial interest being formally delineated; it is not evidence of the absence of Itsekiri territory.
11. “ADMINISTRATION IS NOT OWNERSHIP” — EXACTLY
The author states:
«“Administration is not ownership.”»
AGREED.
But that principle destroys the opposing argument.
If colonial administration is not ownership, then the mere fact that Urhobo communities were placed within WARRI Province or WARRI Division cannot establish that the Urhobo owned all the land within that administrative territory.
The same applies to Ijaw communities.
A colonial administrative boundary is not a communal title deed.
Neither is ethnic population.
The proper question is:
What is the root of title?
In the Itsekiri case, the historical and legal record includes:
- the historical Itsekiri Nation;
- the traditional institution of the Olu of WARRI;
- Itsekiri customary law;
- the Warri Division (Itsekiri Communal Lands) Trust Instrument, 1959;
- the Itsekiri Communal Land Trustees;
- Supreme Court litigation concerning Itsekiri communal land rights; and
- judicial records concerning the customary relationship between the Olu of WARRI and communities occupying particular WARRI lands.
That evidence cannot be displaced by the mere assertion that “other ethnic groups lived there.”
12. THE CLAIM THAT “WARRI BELONGS TO ITSEKIRI, URHOBO AND IJAW” DOES NOT ANSWER THE LAND QUESTION
This is perhaps the most politically attractive but historically and legally imprecise conclusion.
Land title is not determined by ethnic arithmetic.
The existence of three or more ethnic groups within a colonial administrative area does not mean that the land automatically became a communal property of all those ethnic groups.
The relevant questions are:
Who established the original traditional political order?
What known and original customary law governed the particular Warri land?
Who exercised the relevant customary authority?
What was the root of title?
What did the colonial records recognise?
What did the courts subsequently determine?
The presence of Urhobo or Ijaw communities within the broader WARRI administrative territory does not convert them into owners of the historic Warri or extinguish Itsekiri customary rights.
THE FINAL CROSS-EXAMINATION
Let us therefore ask the questions the opposing narrative cannot answer by simply pointing to a colonial map.
1. WAS THERE A PRE-COLONIAL ITSEKIRI POLITICAL AND TRADITIONAL ORDER ASSOCIATED WITH WARRI?
YES.
2. WAS ODE-ITSEKIRI HISTORICALLY ASSOCIATED WITH THE ORIGINAL WARRI?
YES.
3. DID THE BRITISH SUBSEQUENTLY EXTEND THE NAME “WARRI” TO A MUCH LARGER ADMINISTRATIVE TERRITORY?
YES.
4. DID THAT ADMINISTRATIVE EXPANSION ABOLISH THE HISTORICAL IDENTITY OF THE ITSEKIRI NATION OR WARRI?
NO.
5. DID THE PRESENCE OF URHOBO COMMUNITIES WITHIN THE COLONIAL WARRI ADMINISTRATIVE AREA AUTOMATICALLY TRANSFER TITLE TO THOSE COMMUNITIES?
NO.
6. DID THE PRESENCE OF IJAW COMMUNITIES AUTOMATICALLY TRANSFER TITLE TO THOSE COMMUNITIES?
NO.
7. DID THE WARri DIVISION (ITSEKIRI COMMUNAL LANDS) TRUST INSTRUMENT, 1959, EXIST?
YES.
8. DID THE COURTS ADJUDICATE DISPUTES CONCERNING THE RIGHTS VESTED IN THE ITSEKIRI COMMUNAL LAND TRUSTEES?
YES.
9. WAS THE OLU OF WARRI BEFORE THE SUPREME COURT IN IDUNDUN v. OKUMAGBA FOR HIMSELF AND ON BEHALF OF THE ITSEKIRI PEOPLE?
YES.
10. DID THE CLAIM IN IDUNDUN v. OKUMAGBA EXPRESSLY INVOKE ITSEKIRI CUSTOMARY LAW AND THE OVERLORDSHIP OF THE OLU OF WARRI?
YES.
11. DOES THE FACT THAT THE SUPREME COURT DISMISSED THAT PARTICULAR APPEAL MEAN THAT THE ITSEKIRI CUSTOMARY LAND SYSTEM NEVER EXISTED?
NO.
12. DOES THE MULTI-ETHNIC CHARACTER OF COLONIAL WARRI EXTINGUISH THE HISTORICAL RIGHTS OF THE ITSEKIRI NATION?
NO.
13. DOES THE EXISTENCE OF OTHER ETHNIC COMMUNITIES IN WARRI AUTHORISE THE ERASURE OF THE ITSEKIRI NATION FROM THE HISTORY OF WARRI?
ABSOLUTELY NOT.
CONCLUSION
The argument advanced by Apst. G. O. Yamunuma rests on a fundamental historical error:
It treats the colonial administrative meaning of WARRI as though it were the beginning and end of the history of WARRI.
It is not.
THE ITSEKIRI NATION PREDATES THE BRITISH COLONIAL ADMINISTRATIVE MAP.
THE TRADITIONAL INSTITUTION OF THE OLU OF WARRI PREDATES WARRI PROVINCE AND WARRI DIVISION.
ODE-ITSEKIRI PREDATES THE COLONIAL WARRI ADMINISTRATION.
The British subsequently administered a wider and multi-ethnic territory under the name WARRI. That historical fact is not in dispute.
What is disputed is the attempt to use that administrative development to erase the historical and customary rights of the Itsekiri Nation.
That attempt fails.
The existence of Urhobo and Ijaw communities within the wider colonial WARRI administrative territory does not make the historic Itsekiri Nation disappear.
It does not convert every parcel occupied by an Urhobo or Ijaw community into Urhobo or Ijaw ancestral land.
It does not extinguish Itsekiri customary law.
It does not extinguish the traditional institution of the Olu of WARRI.
And it does not erase the legal history of the Warri Division (Itsekiri Communal Lands) Trust Instrument, 1959 or the subsequent Supreme Court litigation concerning Itsekiri communal land rights.
The judicial record is particularly important because it demonstrates that the Itsekiri claim is not merely a modern political slogan.
In the WARRI land litigation, the courts dealt directly with the rights historically associated with the Olu of WARRI and subsequently vested in the Itsekiri Communal Land Trustees.
In Idundun v. Okumagba, the Olu of WARRI appeared before the Supreme Court for himself and on behalf of the Itsekiri people, while the Itsekiri Communal Land Trustees were also parties to the litigation concerning land at Okere, WARRI.
The conclusion is therefore straightforward:
THE FACT THAT WARRI BECAME A MULTI-ETHNIC COLONIAL ADMINISTRATIVE AREA DOES NOT EXTINGUISH THE HISTORICAL IDENTITY, CUSTOMARY RIGHTS OR TERRITORIAL CLAIMS OF THE ITSEKIRI NATION.
The colonial map did not create the Itsekiri Nation.
The colonial administration did not create the Olu of WARRI.
The presence of other ethnic communities did not erase Itsekiri history.
And the subsequent use of “WARRI” as a wider administrative designation cannot be retrospectively used as an instrument for dispossessing or historically displacing the Itsekiri Nation.
WARRI CANNOT BE DEFINED SOLELY BY THE COLONIAL ADMINISTRATIVE BOUNDARIES DRAWN AROUND IT.
THE HISTORY OF WARRI DID NOT BEGIN WITH WARRI PROVINCE.
THE HISTORY OF WARRI CANNOT BE WRITTEN WITHOUT THE ITSEKIRI NATION.
And where the question concerns particular lands, the answer must come from their respective roots of title and the applicable customary and judicial records—not from the mere fact that another ethnic group subsequently lived within the wider colonial administrative area.
The issue, therefore, is not whether Urhobo or Ijaw people have a history in WARRI.
They do.
The issue is whether their presence erases the historical and legally cognisable rights of the Itsekiri Nation.
IT DOES NOT.
THE ITSEKIRI NATION WILL NOT BE WRITTEN OUT OF THE HISTORY OF WARRI BY THE REDEFINITION OF A COLONIAL ADMINISTRATIVE NAME.
THE MAP DID NOT CREATE ITSEKIRI HISTORY.
COLONIAL ADMINISTRATION DID NOT CREATE THE ITSEKIRI NATION.
AND THE MULTI-ETHNIC CHARACTER OF COLONIAL WARRI DOES NOT EXTINGUISH ITSEKIRI RIGHTS.
TGM AMIWERO ESQ., AICMC.
©2026.