Legal controversies highlighted in a letter addressed to the Governor of Oyo State by Michael F. Lana Esq and Prof. Oyelowo Oyewa SAN, on Monday 3rd of Januaryv2021 has stated reasons why Lekan Balogun as well as other Chiefs may not ascend to the vacant throne of Olubadan.
The death of Oba Saliu Adetunji was announced on Sunday 2nd of January, 2021. The monarch joined his ancestors at the University College Hospital in Ibadan, he was 93 years old at the time of his demise.
Following his death, the quest to fill the vacuum began in earnest and according to custom, one of the High Chiefs of Ibadan is slated to replace him, with Senator Lekan Balogun been touted as heavy favourite to become the new Olubadan
A legal dispute however has come to light, and Lekan Balogun and other Chiefs who are in a similar position may be automatically disqualified as prospects to become the next Olubadan.
In a letter addressed by joint signatories, Michael F. Lana Esq, a former Attorney General and Comissioner for Justice in Oyo State, and Prof. Oyelowo Oyewa SAN, it was clearly stated that due to the actions of the former governor of Oyo State, in which he granted the title of Oba to some of the High Chiefs and Baales, and gave them the right to wear beaded Crowns and coronets, these “Obas” in question are therefore disqualified from rising to the office of Olubadan.
The matter was contested in court, in suit No. M317/2017-HIGH CHIEF RASHIDI LADOJA V THE GOVERNOR OF OYO STATE. The High court revoked the conferment, as it was also in violation of the Chiefs Law and the Ibadan chieftaincy customary law.
The judgment was contested in the Court of Appeal, in Appeal No.CA/IB/99/2018. The Appeal Court set aside the Judgment of the High Court and ordered a retrial.
The letter stated that a settlement was proferred.
“Upon your Excellency’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. The said Terms of Settlement, recognised the illegality of the said actions and therefore set aside the Gazettes by which the said Chiefs became Obas with the 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). On of these cases is Suit No: Suit No.I/22/2020-HRM OBA (SENATOR) LEKAN BALOGUN & ORS V GOVERNOR OF OYO STATE & ORS.” The letter stated.
The letter further sited the Olubadan Chieftancy Declaration of 1957, which states that no Oba can ascend to the throne of Olubadan, and therefore installing any of the High Chiefs or Baales who cling to the title of Oba would be illegal and the action would be rendered null and void.
The Governor was therefore advised to hold off on approving any High Chief to become Olubadan, pending the judgment of the Court.
It was also stated in the letter that one of two outcomes was possible. The High Chiefs could withdraw their cases or before any step is taken, the Court would have to first pass its judgment. In the event that the Court rules that the High Chiefs have the right to retain the title of Oba and enjoy its privileges, they would be unable to occupy the seat of another Oba. Simply put, an Oba cannot be elevated to become another Oba.
If the Court instead rules that their Obaship is illegal, then any of them may be elevated to the stool of the Olubadan.
The addressers of the letter sternly warned that any action taken contrary to the advice given in the letter would lead to the Governor desecrating the Ibadan Chieftaincy Customary law.