An Oyo State High Court sitting in Iyaganku, Ibadan, yesterday declared the review of the 1957 Olubadan Chieftaincy Declaration and other Related Chieftaincies Laws in Ibadanland by the Oyo State Government as unconstitutional, illegal, null and void and of no effect.
The court headed by Justice Olajumoke Aiki delivered the judgment in a case filed by a former governor who is also the Osi Olubadan of Ibadanland, Senator Rashidi Ladoja against Governor Abiola Ajimobi of Oyo state and Justice Akintunde Boade, the chairman of the Judicial Commission of Enquiry that reviewed the chieftaincy declaration.
It will be recalled that Governor Ajimobi had on Friday May 19, 2017 set up a judicial commission of enquiry to review the 1957 Olubadan Chieftaincy Declaration and other Related Chieftaincies laws in Ibadanland.
Accordingly, a report was submitted by the panel on August 2017 and a White Paper on the report was published in the Oyo State Gazette No. 14, Vol. 42 on August 23, 2017, while the amended declaration on regulating the selection to the Olubadan of Ibadan chieftaincies and related matters was published in the Oyo State Gazette No. 15, Vol. 42 on August 24, 2017.
Another government committee was later set up to review the report and recommendations of the committee.
The process brought about the installation of 21 new (obas) kings in Ibadanland by the government on Sunday August 27, 2017 at the Mapo Hall Arcade, Ibadan amidst drums and fanfare.
The 21 new kings comprised eight members of the Olubadan-in-Council elevated from ‘High Chiefs’ to beaded crown wearing monarchs while the remaining 13 are village heads (Baales) promoted to coronet wearing obas.
Ladoja, who refused to accept the beaded crown, had filed two cases against the review at the state High Court.
He jointly filed the initial suit with his immediate senior on the Otun Olubadan chieftaincy line, Oba Lekan Balogun, who is the Otun Olubadan and most senior chief on the Otun line. Balogun backed out of the case later. However, Ladoja alone filed the second case.
In the first case, the duo sued the state government over the constitution of the commission in May, this year. They listed the state governor, Senator Abiola Ajimobi, and members of the Judicial Commission of Inquiry inaugurated by the government on Friday May 19, 2017 to review the system, as defendants before an Oyo State High Court.
The claimants prayed the court, in the suit number M/317/2017, to restrain the commission from sitting, accepting any memorandum or in any way taking any step in furtherance of its assignment, pending the determination of motion on notice in respect of the subject.
However, in the second suit, Ladoja asked the court to set aside the report of the commission and prayed the court to nullify the proceedings of the panel and its reports.
The court, in the judgment held that wearing of beaded crowns are beyond the purview of Sections 10,12 and 25 of the Oyo State Chiefs Law, stating that Section 25 of the chiefs law could not be treated in isolation to the provisions of Parts Two and Three of the Chiefs Laws
The court also said provisions of Parts Two and Three of the Chiefs Laws, particularly Sections 10, 12 and 25 did not give power to the governor to review the Olubadan chieftaincy declaration.
The governor, according the court, exercised his power beyond the constitution and the provisions of the Chiefs Laws made by the House of Assembly, adding that a judicial commission of enquiry could not amend or further amend, review or further review the chieftaincy declaration.
The lead counsel to the claimant, Michael Lana, represented by Mr Babatunde Akinola told newsmen simply that “the judgment was okay.”
The state government however disclosed that it would appeal the judgment.
It expressed disagreement with the interpretation of the law on the issue and vowed to explore legal remedies.
Governor Abiola Ajimobi, disclosed that the state will appeal against the judgment of an Ibadan High Court, which sets aside the review of the 1957 Olubadan Chieftaincy Declaration and Other Related Chieftaincies.
The governor bared his mind during the inauguration of a block of classrooms donated to the Community Secondary School, Ajara, in Lagelu local government area of the state by a former Attorney General of the Federation and Minister of Justice, Chief Akinlolu Olujinmi, SAN, in Ajara, on Friday.
Ajimobi used the opportunity to restate his earlier position that the review, which culminated in the August 27, 2017 installation of 21 new obas, among whom were some erstwhile high chiefs and baales, was an altruistic gesture that was for the overall good of Ibadanland.
Ajimobi said: “Today’s judgment on the Olubadan Chieftaincy review will be appealed against immediately. Let me reiterate here that the review was an exercise that was well thought out. It is for the development and progress of Ibadanland and the people therein.
“We will not relent in our determination to make Ibadan great and the greatness shall come through various ways; one of which was the Olubadan chieftaincy review that was conducted by a judicial commission of inquiry.
“The truth is that people are normally opposed to change and radical policies that will eventually be beneficial to them, but we shall get there. We will not be deterred or allow retrogressive tendencies to override the progress Oyo State is currently making.”
The governor commended Olujinmi for giving back to his place of birth and called on others of means to emulate the gesture, which, he said, would go a long way to complement the efforts of the government in developing the education sector.
Meanwhile, the Osi Olubadan of Ibadanland and former governor of Oyo State, Sen. Rashidi Ladoja, has described the judgment as a victory for Ibadan indigenes.
Ajimobi and Olubadan
Ladoja, in a statement signed by his media aide, Lanre Latinwo, said it was not a personal victory for him because what motivated the suit he filed was the need to preserve the custom and tradition of Olubadan throne system.
He said: “The judgment has vindicated us as purists who abhor any contamination of a rancor-free succession process that has become the envy of many cities all over the world. I do not in any way see it as a personal victory.
“The Olubadan Chieftaincy Declaration was made in 1957 and registered with the then Western Region government. It was made by a chieftaincy committee headed by the then Olubadan, Oba I.B Akinyele.
“If in compliance with the extant laws at that time, the Western Region government saddled the then Olubadan-headed committee with making the Declaration, why would the state government in 2017 raise a Judicial Commission of Enquiry to do same?
“We agree totally with the court that the Commission lacked the power to review the Declaration. I commend the Olubadan for standing to be counted on the side of truth and justice. History has obviously booked an enviable chapter for him.”
Efforts had however been made by various stakeholders to ensure amicable resolution of the matter with the setting up of a truth and reconciliation committee before the latest court ruling.
