Politics
By Anthony Isibor.
FOLLOWING the death of the Olubadan of Ibadan, Oba Saliu Adetunji, Ogunguniso 1, who died on Sunday, January, 2, 2022. Michael Lana, an Ibadan-based lawyer has urged the government of Oyo State not to be hasty in the selection of another Olubadan due to the existence of a suit challenging the right to wear beaded Crowns and coronets in the state.
Lana, in a letter, addressed to the governor through Prof. Oyelowo Oyewo, SAN, state commissioner for justice and attorney-general and the state ministry of justice, on Monday in Ibadan, advised Gov. Seyi Makinde to tread with caution following the case, which is still pending in court.
The suit in No M317/2017-high chief Rashidi Ladoja, the governor of Oyo State. The High Court per Aiki, nullified the said conferment, which was actually a total contravention of both the Chiefs Law and the Ibadan chieftaincy customary law.
However, the Court of Appeal, in Appeal No.CA/IB/99/2018 set aside the said judgment of All on technical grounds without touching on the merit of the case and sent the case back for retrial.
Lana added that although upon Gov. Makinde’s assumption of office, it was resolved that the matter be settled amicably and same was settled through the instrumentality of a Terms of Settlement, which became the judgment of the Court.
He, however, added that “The said Terms of Settlement recognized the illegality of the said actions and therefore set aside the Gazettes by which the said Chiefs became Obas with a right to wear beaded Crowns and coronets.
“These High Chiefs and Baales were dissatisfied with this Consent judgment and therefore instituted two separate suits to set aside the consent judgment while at the same time clinging to the title of Obas (which actually is in contempt of court).
“One of these cases is Suit No.1/22/2020-HRM OBA (SENATOR) LEKAN BALOGUN & ORS V GOVERNOR OF OYO STATE & ORS,” he said.
According to him, since the Olubadan Chieftaincy Declaration of 1957 was not amended, it, therefore, remained extant.
Under the declaration, he said that no Oba could ascend to the throne of Olubadan.
“In other words, as long as the High Chiefs were still clinging to the title of Oba, they could not ascend to the throne.
“Any installation of any of them during the pendency of that suit is illegal, null, and void,” he said.
According to him, the way forward will be for the chiefs to withdraw the aforementioned cases or wait for the court to pronounce on them.
“If the court holds that they have the right to be Obas and entitled to wear beaded crowns, then they are perpetually barred from becoming another Oba.
“Nowhere in the Customary Law of any Yoruba town is an Oba elevated to become another Oba.
“If, on the other hand, the court holds the Terms of Settlement stand, and their Obaship title is illegal, then they are free to be elevated to the post of Olubadan.
“In other words, as long as the High Chiefs still cling to the title of Oba, they cannot ascend to that throne and any installation of any of them during the pendency of that suit, is illegal, null and void,” Lana added.
Lena also noted that in the entire history of Ibadanland, there has never been a situation where the legality or otherwise of the installation of the Olubadan would be an issue.
He said that “Ibadan Chieftaincy elevation had always been smooth and without any rancor to the envy of all other towns.
“There are only two ways to deal with this situation: one is for the High Chiefs to withdraw the aforementioned cases and the other is to wait for the Court to pronounce on it before any step is taken to install an Olubadan. If the court holds that they have the right to be Obas and entitled to wear beaded crowns, then they are perpetually barred from becoming another Oba. Nowhere in the customary law of any Yoruba town is an Oba elevated to become another Oba
“On the other hand, the Court holds that the Terms of Settlement stands, and their Obaship title is legal, then they are free to be elevated to the post of Olubadan. The ball, your Excellency, is in their court.
“It is in line with the legal situation that I advise, most humbly, that you should withhold any approval of any High Chief to become the Olubadan so that you will not also join in the desecration of Ibadan Chieftaincy Customary law,” he added.
JAN. 04, 2022 @ 10:21 GMT |
A.I
Tags: Gov. Seyi Makinde Michael Lana
