By Oluseye Ojo
Justice Kareem Adedokun of the Oyo State High Court, sitting in Ibadan, yesterday struck out a suit seeking the removal of Olugbon of Orile-Igbon, Oba Francis Olusola Alao, in Surulere Local Government.
The case was instituted in 2017 and claimant’s in the case are: Akintayo Charles Akintola of Akintola Akinbola Section; Olu Oyelade of Ojediran Akinbola Section; Ladiran Olaniyi of Oluniyi Akinbola Section and Olajoke Bolade of Abioye Akinbola Section, all of Ile Akinbola, Isale Laka, Ogbomoso, as well as Akinwale Akintola.
The Oyo State governor was the first defendant in the case, while Attorney-General of the state, Commissioner for Local Government and Chieftaincy Affairs, and Secretary to the Surulere Local Government were second, third and fourth defendants respectively.
The Jagun Olugbon and Chairman of Orile-Igbon Chieftaincy Kingmakers, Chief Ajani Awotoro, was the fifth defendant, and the Oba Olusola Alao was also the sixth defendant. The duo of Mr. George Okunola Olayinka and Prince John Oyewo Oyelade, were the seventh and eighth defendants respectively.
The claimants, in the case with number: HOI/22/2017, placed nine prayers before the court, including declaration that only direct descendants from the male lineage out of the five sections of Akinbola family are eligible to be selected, nominated, and presented for the appointment of Olugbon of Orile-Igbon.
They told the court that Oba Olusola Alao is not a direct descendant from the male lineage of Akinbola family and was not qualified to be selected, and nominated for the stool of Olugbon. They wanted the court to declare that only male lineage from Akinbola family is eligible to become Olugbon.
But the defendants raised a preliminary objection on the jurisdiction of the court to entertain the case on the grounds that the case could not be heard without Surulere Local Government being a party in the case. The council is a competent authority saddled with the responsibility of kick-starting the process of selection, nomination, and appointment of Olugbon chieftaincies, .
The defendants submitted that the claimants did not sue Surulere Local Government, which is a juristic person, but sued Secretary to the local government, who is not a juristic person. The court held that the fourth defendant is not a juristic person and struck it out from the case. The court further held that it could not adjudicate on the case without joining the Surulere Local Government in the suit. The court then struck out the case.
The court also ruled that the claimants did not have the requisite locus standi to institite the action. The court added that none of the claimants contested for the stool of Olugbon, and the person that contested against Oba Alao, was not a party in the case.
Counsel to the sixth defendant (Oba Olusola Alao) and the seventh defendant (George Olayinka, the Mogaji of Akinbola family), Tomiwa Fadeyi, told journalists after the court session: “The court has delivered its judgment and the court has struck out the case of the claimants. We are simply happy out the development. We have communicated the happiness yo the court. That marked the end of the case at the trial court at the moment.”