TAKEAWAYS FROM AKURE COURT JUDGMENT: Why Deji’s Appeal Court Judgment Claim Can’t Fly

By ABANIKANDA OLUMORO (UK)

The truth about the latest matter is that, in the earlier Court of Appeal judgment the Deji is now relying on, the court explicitly made it clear that if the parties concerned, particularly Isinkan and Isolo, were dissatisfied with the judgment, they could seek redress through the State Executive Council, which has the constitutional authority to recognise or elevate an Oba. The court does not make an Oba.

The landmark judgment delivered by the Akure High Court in Ondo State on Monday, October 12, 2026, has settled a longstanding chieftaincy dispute in the Akure-speaking towns and communities. The court ruled that no traditional ruler requires the consent of the Deji of Akure, a stool currently occupied by Oba Aladetoyinbo Ogunlade Aladelusi, for recognition or elevation.

The court was specific: the Deji’s consent is not required for the recognition or elevation of any Oba because such authority is not provided for under the chieftaincy laws of Ondo State.

According to reports, the court, presided over by Justice Sunday Olorundahunsi, delivered the judgment while dismissing a suit filed by the Deji challenging the recognition of Oba Oluwagbemiga Olofin-Adimula Arulewolasi III as the Iralepo of Isinkan.

Findings have revealed that the case just decided was different from the one covered by the earlier Court of Appeal judgment that the Deji has now cited as the basis for rejecting the latest judgment of the Akure High Court.

The questions many people, including Akure indigenes who have refused to be co-opted into hypocrisy of any sort, are asking are these: If the Deji truly had confidence in the earlier Court of Appeal judgment he is now relying on to reject the latest ruling, why did he go to court again on a different ground?

The truth about the latest matter is that, in the earlier Court of Appeal judgment the Deji is now relying on, the court explicitly made it clear that if the parties concerned, particularly Isinkan and Isolo, were dissatisfied with the judgment, they could seek redress through the State Executive Council, which has the constitutional authority to recognise or elevate an Oba. The court does not make an Oba.

In compliance with that ruling of the Court of Appeal, the Ondo State Government acted on the report of the Ajama Commission of Inquiry, which recommended the recognition of the Iralepo of Isinkan and the Osolo of Isolo, both autonomous communities in Akure South Local Government Area, as Obas of their respective communities.

Upon receiving the Ajama Commission’s report, the State Executive Council deliberated on the recommendations and approved the recognition of the Iralepo of Isinkan and the Osolo of Isolo as Obas of their respective communities. It subsequently issued a White Paper giving effect to the recognition of the two traditional rulers, who were later presented with their Staffs of Office and Instruments of Office towards the end of 2022.

This was what prompted the Deji to institute another case, arguing that the two Obas could not be recognised because of an earlier Court of Appeal judgment. Yet, that appellate judgment had already cleared the way by affirming that a court does not make an Oba and that the authority to recognise or elevate an Oba rests with the State Executive Council.

The State Executive Council exercised the authority vested in it by law, but the Deji of Akure subsequently sought to persuade the Akure High Court to block the implementation of the state’s chieftaincy law, which the Constitution of the Federal Republic of Nigeria empowers the relevant authorities to enforce.

In its judgment in Suit No. AK/434/2022, the Akure High Court affirmed the authority of the Ondo State Executive Council to upgrade and recognise traditional chieftaincies, including that of the Iralepo of Isinkan, without requiring the consent or concurrence of another monarch.

The Deji, through his counsel, S.O. Adedeko, had argued that he possessed the authority to consent to the installation and recognition of traditional rulers within Akure South Local Government Area, including the Iralepo of Isinkan.

He also relied on an earlier Court of Appeal judgment to contend that the recognition of the Iralepo without his consent was unlawful.

However, counsel to the Iralepo, Chief Olusola Ebiseni, argued that the state’s chieftaincy declaration did not grant the Deji such authority.

Ebiseni maintained that the Isinkan chieftaincy predated the Akure traditional institution and that the community had its distinct identity and territorial boundaries.

The Ondo State Government, represented by its counsel, F.S. Akinnibosun, also defended its constitutional and statutory powers to recognise and promote traditional rulers, insisting that such powers could not be transferred to another monarch without legal backing.

In his judgment, Justice Olorundahunsi upheld the decision of the State Executive Council, which relied on the findings of the Justice Ajama Commission of Inquiry in recognising the Iralepo of Isinkan and the Osolo of Isolo.

The judge held that the decision was consistent with an earlier Court of Appeal judgment in the dispute between the Iralepo and the Deji of Akure, which affirmed the Executive Council’s authority in chieftaincy matters.

He also upheld the government’s power to constitute the Ajama Commission of Inquiry, noting that the Iralepo’s submission of memoranda was consistent with the earlier appellate judgment directing the affected communities to return to the Executive Council, which had initially denied them recognition, rather than seek recognition directly from the court.

The court subsequently upheld the Iralepo’s counterclaim, affirming his recognised chieftaincy status and claim to the territory of Isinkan.

In reaching its decision, the court relied on documentary evidence, including a judgment of the Akure Native Court presided over by Deji Ademuwagun Adesida, which recognised a territorial claim extending from Imogun to the Aponmu/Owena Rivers.

Justice Olorundahunsi held that Isinkan and Isolo were autonomous communities and that the state’s chieftaincy law did not confer on the Deji the authority to consent to the recognition of their traditional rulers.

He further ruled that no court could confer a power on an individual where such authority was not provided for by law.

Consequently, the court restrained the Deji of Akure, his agents, chiefs and anyone acting on his behalf from interfering in the affairs of the Iralepo or dealing with the disputed land in Isinkan.

The court dismissed the Deji’s claims and upheld the counterclaims of the defendants, including the Ondo State Government and the Iralepo.

Speaking with journalists at the court premises after the judgment, Oba Olofin-Adimula described the ruling as a courageous affirmation of the customary law governing the Iralepo chieftaincy and the territorial identity of Isinkan.

He said the community had consistently sought recognition of its traditional institution and the right to exercise authority over its ancestral land.

“This court has demonstrated courage in affirming the age-long customary law of the Iralepo chieftaincy and the territory of Isinkan in relation to the Deji and Akure,” he said.

“Isinkan asks no more than to be allowed to wear our ancient crown and live happily on our God-given land. This has been our position even before the elites and the Joint Peace Committee of the two communities, to no avail.”

The judgment marks a significant development in the longstanding chieftaincy dispute between the Isinkan traditional institution and the Deji of Akure over the recognition of traditional rulers and the territorial boundaries of the communities.

Key Takeaways from the Judgment

The first takeaway from this development is that the case was instituted by the Deji himself, and the Akure High Court has now ruled on it. This, in the writer’s view, demonstrates that the Ondo State judiciary was not swayed by fear or favour in deciding the chieftaincy dispute under the watch of God.

Another takeaway is that, when the Ondo State Government published and announced the White Paper on the Ajama Commission’s report, recognising the Iralepo of Isinkan and the Osolo of Isolo as Obas of their autonomous communities in Akure South Local Government Area, it made its position clear to the Deji: if he was dissatisfied with the decision, he should go to court.

The Deji subsequently went to court to challenge the decision of the State Executive Council, which was taken under the relevant constitutional and statutory framework. The court has now ruled that the authority to recognise or elevate an Oba does not rest with the Deji of Akure but with the state government, acting through the legally empowered authorities.

Case closed.

Any further action by the Deji after this judgment should be assessed against the need to respect the authority of the State Executive Council, the independence of the judiciary and the Constitution of the Federal Republic of Nigeria.

Proofreading note: The original direction and arguments have been retained, with grammatical errors, spelling, punctuation and awkward expressions corrected. The legal claims and the account of the court proceedings have not been independently verified.