The coast is now clear for the installation of a new Olubadan of Ibadanland after weeks of controversy in appointing a new monarch for the ancient city of Ibadan following the death of Oba Saliu Adetunji.
Since the death of Oba Adetunji, the 41st Olubadan on the 2nd of January this year, there has been a succession crisis which is rooted in the controversial elevation of some Ibadan chiefs to Obas by the administration of the late Governor Abiola Ajimobi.
Although the next-in-line to the throne, the Otun Olubadan, High Chief Lekan Balogun, is believed to be the natural successor, former Attorney-General and Commissioner for Justice Michael Lana penned down to Oyo State Governor Seyi Makinde not to approve his appointment, if selected by the Olubadan-In-Council.
Lana, who is counsel to Osi-Olubadan, Senator Rashidi Ladoja, argued that since Balogun has been elevated to an Oba and received a crown, he should not be installed as Olubadan.
But the High Chiefs in the letter addressed to Governor Seyi Makinde, by their solicitors, K. Eleja, Wahab Egbewole and Adekunle Sobaloju, argued that the letter by Lana was not a true representation of the law and facts.
They stated that Lana goofed by saying that the governor should not be in a haste to appoint Balogun as the next Olubadan. According to them, the law regarding the ascension to the Olubadan stool was the 1957 Olubadan Chieftaincy Declaration and the subsequent government decisions thereon, noting that the rights of the High Chiefs in line to the ascension to the vacant stool of the Olubadan of Ibadan was guaranteed and cannot be eroded by the conferment of rights to wear a beaded crown as High Chiefs of Ibadanland.
“It was on record that none of the High Chiefs was at any point in time appointed or installed as Olubadan of Ibadanland or vested with the rights to wear the beaded crown as Olubadan of Ibadanland,” they said.
The High Chiefs in the letter dated January 4, copied the state Attorney General and Commissioner of Justice and Commissioner for Local Government and Chieftaincy Affairs, said the conclusion of Lana in his letter was self-serving, unfounded and a gross misconception of the purport of the restructuring of the Ibadan chieftaincy order administration of a former governor, late Senator Abiola Ajimobi.
Before this time out, Ladoja who is alleged to have opposed Balogun as successor to the Olubadan throne said that the perceived controversy surrounding ascension to the Olubadan stool has been amicably resolved when he addressed the press after a closed-door meeting with Governor Seyi Makinde, at the Oyo State Government House, Agodi, Ibadan.
The Osi Olubadan of Ibadanland who addressed journalists on behalf of the Council affirmed the candidature of the Otun Olubadan of Ibadanland, High Chief Lekan Balogun, as the next Olubadan of Ibadanland, adding that the Ibadan High Chiefs have resolved their differences and are very united in the bid to install the new Olubadan of Ibadanland.
He further explained that Council, a conclave of Ibadan High Chiefs, also known as kingmakers, had met with Governor Makinde and agreed to the resolution that Senator Lekan Balogun who is next in line to the stool remained the authentic candidate for the Olubadan stool.
However on Tuesday last week, Chief Judge of Oyo State, Justice Munta Abimbola dismissed the case challenging the consent judgment that nullified the promotion of Ibadan High Chiefs as Obas.
This followed the withdrawal of suit filed by Senator Lekan Balogun and seven other Ibadan High Chiefs, contesting the validity of a consent judgment given by a state high court on November 19, 2019, in suit M/317/2017.
At the resumed hearing of the case, Kehinde Eleja (SAN), counsel to Senator Lekan Balogun, had informed the court that he has an application dated January 31, 2022, and filed on February 1, 2022, for the discontinuance of the suit, adding that he had served the process on all parties and was ready to move it before the court.
The application was supported by a four-paragraph affidavit deposed to by a counsel identified as Grace Asaolu and a written address.
He said he was ready to move the application and prayed for an order granting leave to discontinue the suit.
Eleja added that there was no counter-affidavit filed against the petition and urged the court to grant his prayer in the interest of peace and justice of Ibadanland, praying to the court to strike out the case.
In his submissions, Sanya Akinyele, counsel to the state government and its agencies, informed the court that he is not opposing the application and appreciated the applicant for the line of action he had taken to withdraw the suit. He however asked that the court dismiss the suit and did not ask for any cost.
On his part, Kehinde Owoade, the counsel to former governor Rashidi Ladoja confirmed that he had been served the process and he had no objection to the application for discontinuance. He however urged the court to direct the applicants to pay the sum of N500, 000 to each respondent.
The Chief Judge in his judgment on the suit declared that the Olubadan Chieftaincy Declaration of 1957 stands unmoved like the rock of Gibraltar and is unaffected by any step taken so far.
He added that he was dismissing the suit and not striking it out as requested because issues have been joined and argued in the matter which he said was a result of the order of the appellate court pursuant to Section 16 of the Court of Appeal Act 2004.
According to him, the Appellate court held that the judgment of the lower court delivered on 19 January 2018 is set aside, and the case is submitted back to the Honourable Chief Judge of Oyo state for retrial before another judge. Parties are to file pleadings; the case was referred to another judge but instead of filing pleadings, a consent judgment was entered into and this case arose from that.
“However, the claimants brought this application to discontinue the suit and predicated it on the interest of peace and there was no objection to their application. In my own view, since the court of appeal has set aside the judgment appealed against and in this case, there was a specific order of re-hearing; the judgment of the Court of Appeal stands and remains in perpetuity until reversed by a superior court.
“Now, the suit had been applied to be withdrawn, I will not hesitate to grant the withdrawal application and leave is hereby granted for the case to be withdrawn.
“But since the judgment of the trial court had been set aside, the status quo before the commencement of all proceedings stands, therefore, it means there was no change in the provisions of the Olubadan Chieftaincy Declaration of 1957 since there is a ruling that composition of the Commission of Inquiry was not determined appropriately and therefore it is vided and irregular,” he said.
Justice Abimbola however said the case is hereby dismissed but there is no order to cost, explaining that nothing is stopping the Olubadan selection process again when parties raised the issue of getting a copy of the judgment immediately.
But at an encompassing meeting on Thursday, the council had to revalidate the nomination of the incumbent Otun Olubadan as the new Olubadan of Ibadanland
The meeting was held at the Alalubosa private residence of Balogun of Ibadanland, High Chief Owolabi Olakulehin, the former governor of the state, who also doubles as Osi Olubadan was in attendance.
Speaking with journalists after the meeting, which also had in attendance the Director of Administration and General Services (DAGS), Ibadan South-East Local Government, Tawa Adedotun, Otun Balogun, High Chief Tajudeen Ajibola said all the Kingmakers were unanimous in the choice of Balogun who is a doctorate degree holder as the next Olubadan.
According to him, the meeting provided a great opportunity for the kingmakers to settle their differences, saying, “the meeting went very well and we were all happy.
Read also: Lekan Balogun is next in line as Olubadan – Ladoja
“We all signed the nomination of Otun Olubadan as the rightful successor to the Olubadan throne that became vacant on 2nd January 2022 and the meeting was also used to settle whatever might have been the differences between us.
High Chief Ajibola said “We are very happy at the development as we can now all move forward on the same page without any form of acrimony. As said after our court session on Tuesday that we had done the wish of the governor, we are now pushing to him our own wish which we are expecting him to grant”
“The only person amongst us that missed out of the very important and crucial meeting was Iyalode of Ibadanland, High Chief Theresa Oladuntan Oyekanmi, but, she sent in her letter of nomination which conformed with our unanimous decision on Balogun.
The Kingmakers at the meeting were led by the nominee himself, Balogun (Otun Olubadan), Balogun of Ibadanland, Owolabi Olakulehin, Osi-Olubadan, Rashidi Ladoja, Otun-Balogun, Tajudeen Ajibola, Ashipa Olubadan, Eddy Oyewole and Osi-Balogun, Lateef Adebimpe.
Others were Ekerin Olubadan, Biodun Kola-Daisi, Ashipa Balogun, Kola Adegbola and Ekerin Balogun, Olubunmi Isioye. Iyalode of Ibadanland, High Chief Theresa Oladuntan Oyekanmi was absent but sent her letter of nomination.
With this development, Governor Seyi Makinde is now being awaited to ratify the nomination of High Chief Lekan Balogun, the Otun Olubadan, as the new Olubadan of Ibadanland and to be followed with installation.
