Toba Suleiman
1 August 2005
Abeokuta — An Abeokuta High Court yesterday struck out the suit challenging competence of the Egba Regency Council to pick a successor to the late Alake of Egbaland, Oba Oyebade Lipede from the Laarun Ruling House.
The suit also stopped the state government, commissioner for justice and attorney general, Abeokuta South local government, among others from selecting a new Alake.
With yesterday's judgment, the coast became clear for the the kingmakers headed by Chief Adeyemi Adeboye, the Oluwo of Ijeun to pick a new royal father for Egbas.
Going by the 1963 Chieftaincy Declaration, after the turn of Jibodu, the ruling house that produced Oba Lipede, it is the turn of Laarun in that rotational order.
Presiding judge, Justice Charles Oluremi Jacobs said the suit filed on behalf of the plaintiffs by their counsel, Chief Gani Fawehinmi, lacked merits to scale through and thus dismissed it.
Fawehinmi was not in court during the judgment but Mr. Akanni Adenekan led two other lawyers to stand in for the Senior Advocate of Nigeria (SAN).
Adeboye, chairman of the regency council after the judgment said,"the case has been dismissed, we are now free as Omo Iya Maarun to go on with the exercise we have started, that is the selection of the new Alake. From here we are going straight irrespective of any notice of appeal filed. We are not bothered by it, we are going straight with the selection of the new Alake."
But the plaintiffs hinted on moves to challenge the judgment at the Court of Appeal. Adenekan said, "we are going to file motion of stay of execution and for order restraining installation of anybody as Alake."
Jacobs, Chief Judge of Ogun State in his verdictt, struck out the case, hinging his judgment on the non-existence of proper documents and procedure on the amendment of the 1963 Chieftaincy Declaration.
"There was no approval from the exco and even if there was any, it is the chieftaincy committee of the local government that will make amendment to the 1963 chieftaincy declaration. This case is dismissed in its entirety and that is the judgment of this court."
Jacobs said the main aspect of the case rested squarely on Exhibit 12, the minutes of the proceedings of the Ogun State Executive Council in 1992.
The plaintiffs had stated that the executive council at its March 18, 1992 meeting deliberated and accepted the Justice L.E.V. Adesanya inquiry report which recommended Lupo Mosuleka and Lelu Eringin as two additional ruling houses for the chieftaincy stool.
The judge said there was nowhere in the minutes of the council meeting where government accepted recommendations of the enquiry. And added that the minutes did not exist going by evidence before the court and thus lacked evidential value.
Jacobs stressed that the document only stated the likely stand of government on the recommendation, adding that government had not accepted the recommendation to include Lupo Mosuleka and Lelu Eringin as additional ruling houses for Alake stool.
"It (exhibit 12) does not contain any conclusive decision," adding that the tendered document was an ordinary document from the office of the deputy governor, which did not suggest acceptance.
Member of the regency council, Chief Alani Bankole who is Oluwo of Iporo reacted to the judgment by saying, "we will get a new Oba for the people of Egbaland as soon as possible. We have been delayed for about six weeks now."
Lupo Mosuleka and Lelu Eringin ruling houses had last June 27 sued the state, regency council and kingmakers, among others to court demanding for an order to compel the defendants to include them as ruling houses to vie for the Alake stool.
At the last sitting of the court, Fawehinmi in his 90-page address picked holes in the use of 1963 Chieftaincy Declaration for choosing a new Alake, the declaration he said recognised only Jibodu and Laarun, as bona fide ruling houses qualified to contest the Alake stool whenever it was vacant.
In his argument, Fawehinmi said the Adesanya commission recommended Lupo Mosuleka, Lelu Eringin, as additional ruling houses to produce Alake.
Specifically, the plaintiffs' counsel said with the demise of Oba Lipede who is from Jibodu it should be the turn of Lupo Mosuleka to produce the new Alake.
He added that the recommendations of Adesanya-led commission were accepted by the state council at its meeting in 1992.
Counsel to the governor and attorney general,Mr. Olugboyega Ogunfowora however disagreed with Fawehinmi and pleaded with the court to discountenance the exhibits tendered by the plaintiffs.
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