Modakeke: Royal Family Sues Baale Over Declaration

Ile Oba Ogunsua, a royal family in Modakeke, Ife-East Area Council in the State of Osun, has sued Baale Moses Oyediran and others over a petition written against the implementation of an amended declaration under Section 4 (2) of the Chiefs Law, 2002 regulating the selection of the Ogunsua of Modakeke.

The Ogunsua family had through a letter dated December 17, 2018, addressed to the Permanent Secretary, Ministry of Local Government and Chieftaincy Affairs, Osun State, contended that a 2009 declaration had, among other things, upgraded the status of the Baale of Modakeke to Oba, thereby making the late Oba Francis Adedoyin the first beneficiary.

However, in a twist of event, Oba Adedoyin, in a petition dated September 14, 2009, written to former Governor Olagunsoye Oyinlola, called for the rejection of the said declaration on the ground that it was not in the best interest of his community and its chieftaincy structure.

The Ogunsua royal family, represented by Prince Azees Akinsanya, Prince Ige Oyediran; Prince Sulaiman Ajani; Prince Bashiru Adeyemi and Prince Adegboye Samuel (plaintiffs), faulted the call describing the move to discredit the amendment as self-serving and unacceptable.

Describing the petition as self-serving, the royal family said the attentions of the Ooni of Ife who authored the declaration and that of the Ile Oba Ogunsua were not called to the petition.

The plaintiffs, in a suit number HMD/6/2018 against the Osun State Government, Governor of Osun State, Attorney General and Commissioner for Justice; Commissioner for Local Government and Chieftaincy Affairs; Chief Moses Oyediran and Mr Julius Odegbemi; challenged the grounds and legality of call to reject the approval of the amended declaration.

The plaintiffs said in their letter to the state government that the petitioner’s call would leave the community in a limbo, “with no laid down procedure to elect its ruler because both the 2009 Obaship declaration, as well as the 1959 Baaleship declaration, would be non-operational.

Justice A.L. Adegoke of the Osun State High Court, Modakeke on Wednesday, January 23, adjourned the case to February 26 for hearing.

Earlier, the court had granted the prayer for an amendment to names of defendant in a writ by members of the Ogunsua royal family where the defendant’s name was written as Bisi Odegbemi instead of Julius Odegbemi.

Counsel to the defendants, Chief Goke Akinrotimi, had called the attention of the court to errors in names of the fifth and the seventh defendants (Baale Oyediran and Mr Odegbemi) as written in the writ.

Chief Akinrotimi said: “We raised observation on the names of the fifth defendants in person of the Ogunsua of Modakeke and the Chairman of Modakeke Descendants Union. Instead of writing Chief Oyediran, they should have written Oba Moses Oladejo Oyediran but the court has corrected us saying that writing chief instead of Oba doesn’t have anything to do with the merit of the case since my client bears Oyediran.

“But in respect of the 7th defendant, who is Mr Julius Odelola Odegbemi, they wrote Bisi Odegbemi instead.

“The defendant never add Bisi as his name. Now they have corrected it to read the proper name of the 7th defendant. Now we are ready for hearing.”

Counsel to the plaintiff, Mr Dapo Adekunle, said his clients were in court to challenge the move by the defendants to discredit the Amended Declaration of 2009 by the late Ooni of Ife, Oba Okunade Sijuwade, which elevated the Baale of Modakeke to an Oba.

On what transpired in court, Adekunle said: “To a reasonable extent, our motion has thrived but the defedants are contesting the correctness of the names. As you have seen in court today, we have amended the errors on the names orally.