The Court of Appeal, Akure Judicial Division, on Friday,
sacked Oba Michael Adetoye Obanuga, the Jegun of Idepe, Okitipupa in Ondo state,
and ordered him to vacate the throne with immediate effect.
The appellate court’s pronouncement was an affirmation of an
earlier verdict of an Ondo state High Court, Okitipupa Division, which, on
December 14, 2005, faulted the process that produced him and ordered him to
vacate the seat.
Also, as earlier pronounced by the lower court, the Appeal
Court ordered that the state government began a fresh selection process immediately,
and that the sacked monarch and the ruling house he represented be excluded.
While delivering the lead judgment, Justice Mojeed Owoade
dismissed the nine-year-old appeal filled by Oba Obanuga on the grounds that it
lacked in merit and failed in its entirety.
The verdict, supported by the presiding Justice Sotonye
Denton West and Justice Cordelia Ifeoma Jombo-Ofo, upheld the earlier decision of
Justice J. Akintoroye of the state high court in which it was declared that
monarch was not selected at a proper or valid meeting of the kingmakers to the
Jegun of Idepe Chieftancy.
Appellants in the appeal case No: CA/B/146/2006, Oba Obatuga
and High Chief Felix Oladejoye Obamonire had filed 12 grounds of appeal through
their lawyer, Wole Olanipekun (SAN) where they brought issues before the
panel for determination.
Represented by their counsel, Mr. Kola Olayiwola, respondents
in the appeal, Prince Raymond Adewole Oyebokun, High Chief J. Akindejoye and
six others, also filed their cross appeal.
The appellants wanted the Appeal Court to disagreed the
verdict of the lower High Court which ruled that the election of Oba Obatuga
contravened Section 8A (5) of the Chiefs Law of Ondo State.
They also asked the court to determine whether the lower
court had not committed a grave error by giving judgment in favor of Prince
Oyebokun and some High Chiefs who were the plaintiffs in the original suit,
insisting that the people had no 'Locus standi' to sue for themselves and on
behalf of others.
However, the appeal court, in its judgement, examined all
the grounds and held that they lack merit, saying the appeal failed in its
entirety.
According to Justice Owoade, the trial judge had found that
16 of 26 Kingmakers were denied their customary right to select a Jegun of
Idepe in the exercise leading to the emergence of the Oba.
While ordering that the deposed monarch and his Ruling House
cannot partake in the fresh selection process, the court quoted Section 11(A)
of the Chiefs Law of Ondo state which it said introduced equity and fair play
into chieftaincy issues.
"Where a ruling house whose turn it is to present a
candidate to fill a vacancy in accordance with the provisions of section 8 of
this Edict had been so called and had presented a candidate who having
undergone all the processes of selection prescribed under that section and 8A
and was duly appointed to fill the vacancy and performed functions as such
Chief before his candidacy for whatever reason was subsequently annulled, that
person so appointed shall be deemed to have reigned and it shall be the turn of
the next ruling house to present a candidate to fill the vacancy, and where
there is only one ruling house, that Chief whose candidature has been annulled
shall be deemed to have reigned and shall not be qualified to be considered
again," the section of the law stated.
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