Appeal Court resolves Obaship tussle in Akoko Community

The Court of Appeal sitting in Akure, Ondo State capital, has
resolved the protracted obaship tussle between the rival Owa-Ale of
Ikare and the Olukare of Ikare in Akoko North East local government
area of Ondo State.

It struck out a suit filed against the recognition of Owa-Ale,
Oba kolapo Adegbite-Adedoyin as a traditional ruler in the ancient
town.

The Appellate court panel led by Justice Obande Ogbuinya ruled
that the appeal A/AK/103/2011 instituted by the Olukare, Oba
Akadiri Saliu-Momoh and five members of his family against Owa-Ale
and the Ondo state government“ lacked merit, an abuse of judicial
process and the case was status barred”.

The unanimous court’s judgement read by Justice Danjuma held
that Olukare lacked legal ground to challenge the Chieftaincy
Status of Owa-Ale as a monarch in Ikare, considering various laws
such as the Public Officers Protection Law, Cap 103, Volume 5, Law
of Ondo state 1978 and Section 4(1a) of the Limitation Laws Cap 61,
Laws of Ondo state 1978.

The Appeal Court subsequently resolved three issues raised by
the appellants for determination in favour of the three
respondents- Owa-Ale, State Attorney General and Commissioner for
Justice as well as the State Commissioner for Local government and
Chieftaincy Affairs.

The trial judge, Justice D.I. Kolawole of the Ondo state High
Court in Akure had on July 26, 2011 held in a Suit No: Ak/260/2010,
that the case was an abuse of court process, status barred and that
the court lacked the jurisdiction to entertain the suit.

The Appellants through their lawyer, Dele Adesina(SAN)had filed
the appeal against the verdict of the state High court, praying the
Appeal court to declare Owa-Ale Chieftaincy as illegal and to
compel the state government to stop recognizing as a monarch in
Ikare-Akoko.

In their counter arguments, Counsel to the State Attorney
General, the State Commissioner for Local Government and
Chieftaincy Affairs, Mr Akeredolu and the Lead Counsel to Owa-Ale,
Olawale Ijatuyi had urged the appellate court to dismiss the appeal
since similar case had been resolved in favour of Oba Adedoyin in
2009.

The Defendants Counsels also argued that Owa-Ale was recognised
under the 1976 Chieftaincy Law, in the judgments of the state High
Court in Suit No: AK/43/81 and AK/171/2007 while the 1999 white
Paper on the Report of Justice Adeloye Commission also listed
“Owa-Ale” title among recognised Obas in Ondo State.

The Court of Appeal sitting in Akure, Ondo State capital, has
resolved the protracted obaship tussle between the rival Owa-Ale of
Ikare and the Olukare of Ikare in Akoko North East local government
area of Ondo State.

It struck out a suit filed against the recognition of Owa-Ale,
Oba kolapo Adegbite-Adedoyin as a traditional ruler in the ancient
town.

The Appellate court panel led by Justice Obande Ogbuinya ruled
that the appeal A/AK/103/2011 instituted by the Olukare, Oba
Akadiri Saliu-Momoh and five members of his family against Owa-Ale
and the Ondo state government“ lacked merit, an abuse of judicial
process and the case was status barred”.

The unanimous court’s judgement read by Justice Danjuma held
that Olukare lacked legal ground to challenge the Chieftaincy
Status of Owa-Ale as a monarch in Ikare, considering various laws
such as the Public Officers Protection Law, Cap 103, Volume 5, Law
of Ondo state 1978 and Section 4(1a) of the Limitation Laws Cap 61,
Laws of Ondo state 1978.

The Appeal Court subsequently resolved three issues raised by
the appellants for determination in favour of the three
respondents- Owa-Ale, State Attorney General and Commissioner for
Justice as well as the State Commissioner for Local government and
Chieftaincy Affairs.

The trial judge, Justice D.I. Kolawole of the Ondo state High
Court in Akure had on July 26, 2011 held in a Suit No: Ak/260/2010,
that the case was an abuse of court process, status barred and that
the court lacked the jurisdiction to entertain the suit.

The Appellants through their lawyer, Dele Adesina(SAN)had filed
the appeal against the verdict of the state High court, praying the
Appeal court to declare Owa-Ale Chieftaincy as illegal and to
compel the state government to stop recognizing as a monarch in
Ikare-Akoko.

In their counter arguments, Counsel to the State Attorney
General, the State Commissioner for Local Government and
Chieftaincy Affairs, Mr Akeredolu and the Lead Counsel to Owa-Ale,
Olawale Ijatuyi had urged the appellate court to dismiss the appeal
since similar case had been resolved in favour of Oba Adedoyin in
2009.

The Defendants Counsels also argued that Owa-Ale was recognised
under the 1976 Chieftaincy Law, in the judgments of the state High
Court in Suit No: AK/43/81 and AK/171/2007 while the 1999 white
Paper on the Report of Justice Adeloye Commission also listed
“Owa-Ale” title among recognised Obas in Ondo State.