Michael Lana, a former attorney-general of Oyo state, says
Lekan Balogun, a former senator, is unfit to be crowned as the next Olubadan of
Ibadan.
Saliu Adetunji, the Olubadan of Ibadan, breathed his last at
the University College Hospital, Ibadan, in the early hours of Sunday.
The monarch, who was the 41st king of the ancient city, has
been buried according to Islamic rites.
Following the death of the monarch, Balogun who is currently
the Otun Olubadan is next in line to be king.
However, in a letter dated January 3, and addressed to Seyi
Makinde, Oyo state governor, Lana said installing Balogun as king will amount
to an “aberration and illegality”.
The lawyer said Balogun, some high chiefs and Baales were
illegally conferred with their titles by Abiola Ajimobi, former Oyo governor.
“Kindly note, your excellency, that your predecessor in
office, without thinking at the legal effects of his actions on the future of
Ibadan traditional institution, conferred the title of Obaship on some high
chiefs and Baales and gave them the right to wear beaded crowns and coronets in
2017,” he said.
“This action was challenged in suit No. M317/ 2017-high
chief Rashid Ladoja V the governor of Oyo state.”
Lana said the conferment was nullified by Aiki J, a high
court judge, for being in contravention of both the chiefs law and the Ibadan
chieftaincy customary law.
“However, the court of appeal in Appeal No.CA/111/99/ 2018
set aside the said Judgment of Aiki J on technical grounds without touching on
the merit of the case and sent the case hack for retrial,” the lawyer
continued.
“Upon your excellency’s assumption of office, it was
resolved that the matter be settled amicably and the 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 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: Suit No.I/ 22/ 2020-HRM Oba
(senator) Lekan Balogun & ors V governor of Oyo state & ors.”
Lana said despite the fact that the “aberration” changed the
Ibadan chieftaincy customary law, “the Olubadan Chieftaincy Declaration of 1957
was not amended and therefore remains extant”.
He said: “Under that declaration and all relevant law, no
Oba can ascend to the throne 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.
“It is in line with this legal situation that I advice, most
humbly, that you should withhold any approval of any high chief to become the
0lubadan so that you will not also join in the desecration of Ibadan
chieftaincy customary law.”
The former attorney-general, however, said: “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 illegal, then they are free to be
elevated to the post of Olubadan.”
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com