Installation of Olubadan: Ex-Oyo State Attorney General advises Gov. Makinde
By Abimbola Abatta
Oyo State Governor, Engr Seyi Makinde, has been urged to withhold the approval of any High Chief to become the Olubadan of Ibadan following the recent death of His Royal Majesty, Oba Saliu Adetunji, Aje Ogunguniso 1.
A former Attorney General and Commissioner for Justice in the state, Mr. Michael Lana, gave the advice on Monday in a letter addressed to the state governor.
According to him, the advice became necessary to prevent Gov. Makinde from joining in “the desecration of Ibadan Chieftaincy Customary law.”
Mr. Lana warned that a traditional aberration and illegality may occur in an attempt to install another Olubadan “in view of the existence of Suit No.!/22/2020-HRM OBA (SENATOR) LEKAN BALOGUN & ORS V GOVERNOR OF OYO STATE & ORS.”
However, he blamed past Governor of Oyo State, Abiola Ajimobi, for conferring the title of Obaship on some High Chiefs and Baales in 2017, a development which he noted was taken to court.
He maintained that as long as the High Chiefs still cling to the title of Oba, they cannot ascend the throne of Olubadan, adding that any installation of any of them during the pendency of the suit is illegal, null and void.
He said, “Kindly note, Your Excellency, that your predecessor in office, without thinking of the legal effects of his actions on the future of Ibadan traditional institution, conferred the title of Obaship on some High Chiefs and Baales and gave them the right to wear beaded Crowns and coronets, in 2017.
“This action was challenged in Suit No. M317/2017-HIGH CHIEF RASHIDI LADOJA V THE GOVERNOR OF OYO STATE.
“The High Court per Aiki 1, nullified the said conferment, which was actually a total contravention of both the Chiefs Law and the Ibadan chieftaincy customary law.
“However, the Court of Appeal, in Appeal No.CA/IB/99/2018 set aside the said judgment of Aiki J on technical grounds without touching on the merit of the case and sent the case back for retrial.
“Upon your Excellency’s assumption of office, it was resolved that the matter be settled amicably and same was settled through the instrumentality of a Terms of Settlement which became the judgment of the Court.”
The ex-Attorney General said the Terms of Settlement recognised the illegality of the said actions and “therefore set aside the Gazettes by which the said Chiefs became Obas with a right to wear beaded Crowns and coronets.”
He noted further that “these High Chiefs and Baales were dissatisfied with this Consent Judgment and therefore instituted two separate suits to set aside the Consent Judgment while at the same time clinging to the title of Obas (which actually is in contempt of court).
“One of these cases is Suit No: Suit No.1/22/2020-HRM OBA (SENATOR) LEKAN BALOGUN & ORS V GOVERNOR OF OYO STATE & ORS.”
Speaking further, he said, “In committing this aberration which changed the Ibadan Chieftaincy customary law, the Olubadan Chieftaincy Declaration of 1957 was not amended and therefore remians extant. Under that Declaration and all relevant laws, no Oba can ascend to the throne of Olubadan.
“In other words, as long as the High Chiefs still cling to the title of Oba, they cannot ascend to that throne and any installation of any of them during the pendency of that suit, is illegal, null and void.
“In the entire history of Ibadanland, we have never had such a situation where the legality or otherwise of the installation of the Olubadan would be an issue and this was what your predecessor did not take into consideration before venturing into an illegal journey. Ibadan Chieftaincy elevation had always been smooth and without any rancour to the envy of all other towns.”
To address the issues surrounding the installation of the new Olubadan of Ibadanland, Mr. Lana proposed two solutions.
He opined that the High Chiefs should either withdraw the aforementioned cases or the concerned stakeholders should await the Court’s pronouncement before any step is taken to install an Olubadan.
In his words, “There are only two ways to deal with this situation: one is for the High Chiefs to withdraw the aforementioned cases and the other is to wait for the Court to pronounce on it before any step is taken to install an Olubadan.
“If the court holds that they have the right to be Obas and entitled to wear beaded crowns, then they are perpetually barred from becoming another Oba. Nowhere in the customary law of any Yoruba town is an Oba elevated to become another Oba.
“If, on the other hand, the Court holds that the Terms of Settlement stands, and their obaship title is illegal, then they are free to be elevated to the post of Olubadan,” he added.
