…dismisses Deji of Akure’s suit
The Ondo State High Court has dismissed a suit filed by the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi, challenging the recognition of the Iralepo of Isinkan, Oba Oluwagbemiga Olofin-Adimula, as a traditional ruler, affirming the state government’s power to recognise and upgrade chieftaincies without the consent of another monarch.
- …dismisses Deji of Akure’s suit
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The court also upheld the territorial claim of the Iralepo over Isinkan, extending from Imuagun to the Aponmu/Owena rivers, and restrained the Deji, his agents, chiefs and other persons acting on his behalf from interfering in the affairs of the Isinkan traditional institution or dealing with the disputed land.
In his judgment in Suit No. AK/434/2022, Justice Sunday Olorundahunsi held that the Ondo State Executive Council had the statutory authority to upgrade a minor chieftaincy to a recognised status without obtaining the consent or concurrence of another traditional ruler.
The suit was instituted by the Deji, who challenged the state government’s decision to recognise the Iralepo, arguing that his consent was required for the installation and recognition of traditional rulers within Akure South Local Government Area.
Through his counsel, S.O. Adedeko, the Deji also relied on an earlier Court of Appeal judgment in the longstanding dispute, contending that the recognition of the Iralepo without his consent was unlawful.
However, the Iralepo, through his counsel, Chief Olusola Ebiseni, argued that the relevant chieftaincy declaration did not confer on the Deji the power to approve or withhold recognition from the Isinkan traditional institution.
He maintained that the Isinkan traditional institution predated that of Akure and possessed its distinct identity, customary rights and territorial boundaries.
The Ondo State Government, represented by its counsel, F.S. Akinnibosun, also defended its authority to recognise and promote traditional rulers, arguing that such statutory powers could not be transferred to another monarch without a legal basis.
Ruling against the Deji’s claims, 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 government’s action was consistent with an earlier judgment of the Court of Appeal in the dispute between the Iralepo and the Deji.
According to the court, the appellate court had directed the affected communities to return to the Executive Council, which had initially denied them recognition, rather than seek such recognition directly through the courts.
Justice Olorundahunsi further upheld the government’s power to constitute the Ajama Commission of Inquiry, noting that the Iralepo’s appearance before the commission and submission of a memorandum were in line with the earlier appellate court judgment.
The court held that the applicable state chieftaincy law did not confer on the Deji the authority to approve or veto the recognition of traditional rulers in Isinkan and Isolo.
It added that a court could not confer on an individual a power not provided for by law.
In upholding the Iralepo’s counterclaim, the court affirmed his recognised chieftaincy status and territorial claim over Isinkan, extending from Imuagun to the Aponmu/Owena rivers.
The judge relied on documentary evidence, including a judgment of the Akure Native Court presided over by Deji Ademuwagun Adesida, a descendant of Deji Asodeboyede, which recognised the territorial claim.
Consequently, 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 on the court premises after the judgment, Oba Olofin-Adimula said the ruling affirmed 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 Joint Peace Committee of the two communities, to no avail.”
The judgment marks another development in the longstanding dispute between Isinkan and Akure over traditional rulership, chieftaincy recognition and territorial boundaries.