Court rejects Deji of Akure’s bid to nullify Iralepo’s recognition in Ondo
By Julius Alabi, Akure
An Akure High Court in Ondo State has dismissed a suit filed by the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi, challenging the recognition of Oba Oluwagbemiga Olofin-Adimula Arulewolasi III as the Iralepo of Isinkan, affirming the authority of the State Executive Council to recognise and upgrade traditional chieftaincies without the consent of another monarch.
In its judgment in Suit No. AK/434/2022, delivered on Monday, Justice Sunday Olorundahunsi held that the state government had the statutory authority to upgrade a minor chieftaincy to a recognised status, as it did in the case of the Iralepo of Isinkan.
The court rejected the Deji’s argument that his consent and concurrence were necessary for the recognition of the Iralepo, holding that the challenge to the state government’s authority was unnecessary.
The Deji, through his counsel, S.O. Adedeko, had argued that he possessed the consenting authority over the installation and recognition of traditional rulers within Akure South Local Government Area, including the Iralepo of Isinkan.
He also relied on an earlier judgment of the Court of Appeal, contending that the recognition of the Iralepo without his consent was unlawful and should not stand.
However, the Iralepo, represented by Chief Olusola Ebiseni, countered that the applicable chieftaincy declaration did not confer on the Deji any authority to approve the recognition of the traditional ruler of Isinkan.
Ebiseni maintained that the Isinkan chieftaincy predated the Akure traditional institution, stressing that the community possessed its distinct historical identity, traditional institution and territorial boundaries.
The Ondo State Government, through its counsel, F.S. Akinnibosun, also defended its constitutional and statutory powers to recognise and promote traditional rulers, arguing that such authority could not be transferred to another monarch without express legal provisions.
In his judgment, Justice Olorundahunsi upheld the decision of the State Executive Council, which relied on the findings of the Justice Ajama Commission of Inquiry in recognising the Iralepo of Isinkan and the Osolo of Isolo.
The judge held that the government’s action was consistent with an earlier Court of Appeal judgment in the dispute between the Iralepo and the Deji, which affirmed the authority of the Executive Council in chieftaincy matters.
He also upheld the government’s decision to constitute the Ajama Commission of Inquiry, noting that the submission of memoranda by the Iralepo was in line with the earlier appellate judgment directing the affected communities to return to the Executive Council, which had initially denied them recognition, rather than seek recognition directly from the court.
The court subsequently upheld the Iralepo’s counterclaim, affirming his recognised chieftaincy status and claim to the territory of Isinkan.
In determining the territorial issue, the court relied on documentary evidence, including a judgment of the Akure Native Court presided over by Deji Ademuwagun Adesida, which recognised the territorial claim extending from Imogun to the Aponmu/Owena Rivers.
Justice Olorundahunsi further held that Isinkan and Isolo were autonomous communities and that the state’s chieftaincy law did not grant the Deji the power to consent to or veto the recognition of their traditional rulers.
The judge stressed that a court could not confer on an individual a power that was not provided for under the law, thereby rejecting the claim that the Deji’s consent was a prerequisite for the recognition of the Iralepo.
Consequently, the court restrained the Deji, his agents, chiefs and other persons acting on his behalf from interfering in the affairs of the Iralepo or dealing with the disputed land in Isinkan. It dismissed the Deji’s claims and upheld the counterclaims of the defendants, including the Ondo State Government and the Iralepo.
Speaking with journalists on the court premises after the judgment, Oba Olofin-Adimula described the ruling as a courageous affirmation of the customary law governing the Iralepo chieftaincy and the territorial identity of Isinkan.
He said the community had consistently sought recognition of its traditional institution and the right to exercise authority over its ancestral land, adding that its demand was simply to preserve its heritage and live peacefully within its territory.
“This court has demonstrated courage in affirming the age-long customary law of the Iralepo chieftaincy and the territory of Isinkan in relation to the Deji and Akure,” he said.
“Isinkan asks no more than to be allowed to wear our ancient crown and live happily on our God-given land. This has been our position even before the elites and the Joint Peace Committee of the two communities, to no avail.”
The judgment marks a significant development in the longstanding chieftaincy dispute between Isinkan and the Deji of Akure, particularly over the recognition of traditional rulers, the autonomy of the communities and the boundaries of their ancestral territories.
