No Oba needs Deji of Akure’s consent for appointment, elevation, Ondo court rules

*Affirms Iralepo’s autonomy, dismisses suit against him

By KEMI KASUMU

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.

An Akure High Court in Ondo State has ruled that no traditional ruler requires the consent of the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi, for the recognition or elevation of a chieftaincy where such authority is not provided for by law.

The court, presided over by Justice Sunday Olorundahunsi, gave the ruling on Monday while dismissing a suit filed by the Deji challenging the recognition of Oba Oluwagbemiga Olofin-Adimula Arulewolasi III as the Iralepo of Isinkan.

In its judgment in Suit No. AK/434/2022, the court affirmed the authority of the Ondo State Executive Council to upgrade and recognise traditional chieftaincies, including 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 consenting authority over 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.