Court sacks Ekiti Oba over improper selection process

The High Court of Justice, Ikole Ekiti Division , has removed the Owa of Odo Ayedun Ekiti, Oba Ilesanmi Ajibade over gross abuse of tradition in his selection process.

The Court upheld the position canvassed by the Claimant, Prince Adekunle Adeniyi that he remains the most appropriate person for the coveted seat, having participated in the selection process conducted by six kingmakers in the town.

Adeniyi in the suit number HCL/12/09 filed at the Registry of the Court on July 10, 2013 , sought a declaration nullifying the selection of Oba Ajibade(15th respondent) and an order directing the Governor of the State (10th respondent ) to approve the nomination of the claimant.

Other reliefs sought include: a declaration that the appointments of the warrant chiefs(11th to 14th defendants) was illegal and an order setting aside the nomination of the15th respondent( Oba Ajibade) .

Joined in the suit as respondents were: Pastor Isaac Aluko(1st), Chief Aribisala(2nd), Chief Olu Areola (3rd), Chief Kayode Osho(4th), Chief Amos Jegede (5th) and Miss Oyenike Ojo (6th).

Others include: The Secretary, Ikole Local Government(7th), Special Adviser, Chieftaincy Matters(8th), Attorney General and Commissioner for Justice(9th), Governor of Ekiti State(10th) Mr Joseph Oluyi(11th), Mr Aderemi Akinola(12th), Mr Adeniyi Oluyi(13th), Mr Mike
Farunmona(14th) and Oba Ilesanmi Ajibade( 15th respondent)

The claimant called two witnesses during the trial and tendered three Exhibits, which include a programme of coronation and official presentation of staff of office ,a letter from Odo Ayedun kingmakers to the claimant for him to fill the vacant stool, a letter from the claimant to the office Director of Civil Litigation , Ministry of Justice and another letter from the claimant to the late Elekole of Ikole Ekiti, Oba Adeleye Adetunla, who is the supreme head in the
area.

The claimant also claimed that setting aside his nomination for the coveted seat by the kingmakers and set up another selection process where the 15th respondent was ‘wrongful nominated’ was illegal , null and void.

Delivering his judgement on June 28, 2016 , a copy of which was made available to newsmen in Ado Ekiti ,on Monday, Justice Abiodun Adesodun agreed with the position canvassed by the claimant that the selection of the 15th respondent was illegally done.

“It is my humble opinion that conducting the selection process on the 29/1/10 during the pendency of this case by the defendants was in contempt of this court. They cannot now approach the court for redress without purging themselves of the contempt.

“The whole exercise , that is the appointment of warrant chiefs , the second nomination exercise of 29th January , 2010 and the appointment of the15th defendant, from the circumstances of this case and the evidence on record is nothing short of an exercise in futility.

“Come to think of it, the 15th defendant was purportedly appointed or elected Owa elect on 29th January, 2010 and his appointment was approved 3rd February 2010 five days after the election contrary to section 13(2) of the Chief Law which stipulated mandatory 21 days, why the hurry in this case?”, the judge queried.

Justice Adesodun added that the claimant has been able to establish his case based on the pleadings and the totality of evidence before the court as to entitle to him reliefs sought.

“It is hereby declared that the selection of the claimant to fill the vacant stool of Owa of Odo Ayedun is valid and legal. It is equally declared that the notice of intention to set aside the nomination of the claimant to the vacant stool of Owa of Odo Ayedun is illegal, null and void.

“I also grant an order directing the 10th defendant to approve the nomination of the claimant as the Owa of Odo Ayedun, I also declared that the nomination of the 11th -14th defendants as warrant chiefs is null and void.

“I also grant a perpetual injunction restraining the defendants, their agents, servants, privies or any other person from appointing warrant chiefs or taking any further step to disturb the nomination of the Claimant as Owa of Odo Ayedun.

“On the whole, the claimant’s action succeeds,” Justice Adesodun declared.

The Judge told the parties to bear their own cost.

-DP

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S/Court affirms appointment of Gbadamosi as Olofa of Offa

The Supreme Court on Friday affirmed the appointment of Oba Mufutau Gbadamosi, Okikiola Esuwoye II, as the Olofa of Offa in Kwara. Justice Walter Onnoghen delivered the unanimous judgment of the five justices, Olabode Rhodes-Vivour, Nwali Ngwuta, Mary Peter-Odili and Amiru Sanusi.

In his lead judgment, Onnoghen held that the appointment by the Kwara Government was in line with the customs and tradition of the people of Offa. Onnoghen held that Anilelerin is the only authentic ruling house that could ascend the thrown of Olofa, adding that the Olugbense ruling house had no historical backing.

“From the history, customs and tradition of the people of Offa, it is clear that Anilelerin ruling house, is the authentic and only ruling house backed by native law and authority that can ascend the thrown of Olofa.’’

He also dismissed the principle of rotation of the kingship in Offa land.

“If there is rotation as claimed by the Olugbense family, the principle will have started before the ascension of the immediate past Olofa, Oba Mustapha Olanipekun.

“This court also found, as a fact, that there is no rotational policy in existence as far as the stool of Olofa of Offa is concerned.

“The claim of the Olugbense family has no historical backing and therefore, the claim of the appellant, through a counter claim on the issue, succeed and is hereby affirmed.’’

The court also held that the ascension to the throne is by election and not by rotation as claimed by the Olugbense family.

He also declared the state government Gazette of 1970, which recognised Olugbense ruling house was null and void because it was contrary to the customs and tradition of the people of Offa.

The apex court also set aside the judgments secured by the plaintiffs at the state High Court and the Court of Appeal Division in Ilorin.

The court, however, expressed the hope that the customs and traditions of the people being dynamic was subject to changes depending on the practices of people concern at the particular time.

“It is hoped that in due course Offa people, particularly the ruling house will see need and reasons to effect necessary changes to enable Olugbense descendants ascend the stool ones again.’’

The court encouraged the people to talk things over and find a peaceful solution to the problem and advice the state government accordingly.

Alhaji Saka Adeyemo, Abdulrauf Adegboyega Keji and Saka Keji of Olugbense family had challenged the appointment of Gbadamosi as Esuwoye II.

They contended that the appointment contravened Section 3(3) of Kwara State Government Edict on appointment of and deposition Chief’s law of 1970.

The claimants had said that the law made provision for rotation between their family and the Anilelerin family.

In their originating summons argued on their behalf by Mr John Olusola Baiyashea (SAN), the plaintiffs claimed that it was their turn to produce the Olofa in line with the principle of rotation.

-PM

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