***Says No Oba Needs Deji’s Consent for Appointment or Elevation of Monarchs 

An Akure High Court in Ondo State has dismissed a suit filed by the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi, challenging the recognition of Oba Oluwagbemiga Olofin-Adimula Arulewolasi III as the Iralepo of Isinkan, affirming the powers of the State Executive Council to upgrade and recognise traditional chieftaincies without the consent of another monarch.

In its judgment in Suit No. AK/434/2022, delivered on Monday, Justice Sunday Olorundahunsi held that the Executive Council had the authority to upgrade a minor chieftaincy to a recognised status, as done in the case of the Iralepo of Isinkan.

The court dismissed the Deji’s claim that his consent and concurrence were required for the recognition of the Iralepo, describing his challenge to the government’s authority as unnecessary.

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

He also relied on an earlier Court of Appeal decision, contending that the recognition of the Iralepo without his consent was unlawful.

However, the Iralepo, through his counsel, Chief Olusola Ebiseni, argued that the state’s chieftaincy declaration did not confer such consenting authority on the Deji. 

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

The Ondo State Government, represented by its counsel, F.S. Akinnibosun, also defended its constitutional and statutory authority 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 further 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 authority of the Executive Council in chieftaincy matters.

He also upheld the government’s power to constitute the Ajama Commission of Inquiry, noting that the submission of memoranda by the Iralepo 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 his claim to the territory of Isinkan.

It relied on documentary evidence, including a judgment of the Akure Native Court presided over by Deji Ademuwagun Adesida, which recognised the 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 consenting authority on the Deji over 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 on the court premises after the judgment, Oba Oluwagbemiga 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 monarchs and the territorial boundaries of the communities.