Oduduwa

Akire Chieftaincy Declaration Tussle: Court Fixes September 12 For Hearing

Byhvzclarence

PublishedSeptember 7, 2018

By Sikiru Obarayese

An Osogbo High Court has fixed September 12 for hearing of the suit filed against the installation of Akire of Ikireland, Irewole Local Government Council Area of Osun, Oba Olatunde Falabi.

Prince Tajudeen Olarewaju of Aketula ruling House has filed a suit against the installation of the monarch on the ground that he was not entitled to the throne as at the time he was installed based on the 1958 Akire Chieftaincy Declaration.

The legal tussle on Akire of Ikire erupted after the demise of the late Akire, Oba Oseni Oyegunle on the 5th August, 1987 and as at the time, according to a legal advice from the Court of Appeal, Ibadan, the ruling houses entitled to the throne were in the order of, Aketula, Ladekan, Lambeloye, Disamu and Omisokan.

According to the legal advice dated, January 27, 1993, it showed that, efforts to get the new Akire nominated from Aketula ruling house was frustrated by court action through injunction secured by Lambeloye ruling house which Oba Falabi belongs to restraining government from implementing the 1958 Chieftain Declaration which placed Aketula to produce the next monarch for the town.

It was in the same legal advice that it was stated that if the Higher Court grant the appellant’s (Tajudeen Olanrewaju) request, the Akire, Oba Falabi would be deposed, but if the appeal fails, the monarch would retain the seat.

Subsequently, Prince Olanrewaju filed a suit which ran through to Supreme Court, where the highest court of the land agreed that Aketula ruling house was entitle to the throne.

In a copy of the judgement which was made available to OSUN DEFENDER, the highest court of the land held that, “In view of the fact that evidence on record shows that the 1958 declaration in respect of Akire of Ikire Chieftaincy stool has not been amended or repealed, it subsist which means that there are five ruling houses in Ikire for which the appellant is one of them.

“Based on the above, and the more detailed reasons given in the lead judgment, I agree that the appeal has merit. I accordingly allow this appeal”, the judgment delivered by Justice John Inyang Okoro read.

Subsequently, Prince Olanrewaju of Aketula ruling house approached the High Court sitting in Osogbo in a suit he filed against the Governor of Osun, the State Attorney General and the State Commissioner for Local Government and Chieftaincy Affairs.

In the suit, he sought and order of the court granting leave “to bring an application for judicial review to wit mandamus to compel the respondents to give legal and full compliance to the legal advice dated 27th January, 1993 which was the instrument relied upon by the respondents to install the Akire of Ikre land particularly, Paragraph 16 of the referred legal advice which is yet to be given strict and full compliance”.

After hearing the matter, Justice Kudirat Akano granted the leave to the applicant “to bring an application for judicial review to wit mandamus to compel the respondents to give legal and full compliance to the legal advice dated 27th January, 1993, which was the instrument relied upon by the respondents to install the Akire of Ikire.

Subsequently, on Wednesday, counsel to Prince Olanrewaju, Dr Olutayo Oyewale had filed the application seeking and order of the court to direct the Governor and the Attorney-General to implement the legal advice of 1993 which gives credence to the 1958 Akire Chieftaincy Declaration.

Therefore the matter had been adjourned to Wednesday, September 12 for hearing.