By; BAYO AKAMO, Ibadan
The Governor Abiola Ajimobi-led Oyo State Government has filed appeal against the last Friday ruling of the state High Court sitting in Ibadan which declared the review of the 1957 Olubadan Chieftaincy Declaration and other Related Chieftaincies in Ibadan land by the Oyo State Government, as ” unconstitutional, illegal, null, void and of no effect.”
In the 11 ground appeal with Suit No: M/317/2017 filed at Court of Appeal, Ibadan Judicial Division, on January 22, 2018, by counsel to the Oyo state government, Mallam Yusuf Ali (SAN), Oyo state government maintained that the first respondent in the suit, the Osi Olubadan of Ibadanland, High Chief Rasidi Ladoja, lack locus standing to prosecute the case,
According to the Oyo state government in the seven page appeal notice, ‘the suit discloses no reasonable or any cause of action at all. ” and that the case was pure academic value and hypothetical, noting that from the facts and decided authorities, originating summons was inappropriate for the commencement and prosecution of the matter.
Oyo state government in the appeal stressed that Ibadan chieftaincy is a matter that affects all Ibadan indigenes both within and in the diaspora and since the 1st respondent did not allege any infringement of his right or denial of any entitlement by the act of the appellant, the case should be dismissed.
The government added that ” if at all the Ladoja has any right, which is denied, he has it in common with millions of other Ibadan indigenes, adding that Ladoja was unable to show special interest to elevate his right to donate locus standing to him.” and that ” there is no provision in the Oyo state Chiefs law that takes away the rights of the governor from insitiuting a commission of inquiry to look into issues on matters on which the House of Assembly could make law.”
Oyo state government in appeal however faulted Justice Olajumoke Aiki of the Oyo state High court for resolving that the governor has no power to set up a commission of inquiry on the issue of beaded crown wearing Obas and coronet crown wearing Obas contrary to the provisions of the Chiefs law of Oyo state which donates such powers and authority to the governor.
It will be recalled that an Oyo State High Court sitting in Ibadan on Friday declared the review of the 1957 Olubadan Chieftaincy Declaration and other Related Chieftaincies in Ibadan land by the Oyo State Government, as unconstitutional, illegal, null, void and of no effect.
Justice Olajumoke Aiki in her ruling held that the wearing of beaded crowns is beyond the purview of sections 10, 12 and 25 of the Oyo State Chiefs Law, stating that Section 25 of the Chiefs Law could not be treated in isolation to the provisions of Parts Two and Three of the Chiefs Laws.
The judge stressed that provisions of Parts Two and Three of the Chiefs Laws, particularly sections 10, 12 and 25, did not give power to the governor to review the Olubadan chieftaincy declaration,. while also restraining the government from accepting and implementing the reports of the commission.
Justice Aiki added that the governor exercised his power beyond the constitution and that the provisions of the chiefs laws were made by the House of Assembly, saying ‘ a judicial commission of enquiry could not amend or further amend, review or further review the chieftaincy declaration.”
