THE Olubadan of Ibadan land, Oba Saliu Adetunji has dragged Governor Abiola Ajimobi of Oyo state, Commissioner for Local Government and Chieftaincy Matters, Attorney General and Commissioner of Justice and the 21 newly crowned Ibadan Obas to court over the amendment of the 1959 Olubadan Chieftaincy Declaration and subsequent coronation of Ibadan Obas.
Oba Adetunji in the suit number 1/1077/2017 filed at the State High Court, Ibadan, on September 18, 2017, is asking for an order of perpetual injunction restraining the 21 kings from wearing beaded crowns/coronet crown and from parading themselves as beaded crown/coronet crown wearing Obas in Ibadan land.
As seen in the suit made available to Tribune Online, the Olubadan is also seeking an order setting aside the installation of the kings done on Sunday 27th August, 2017 made pursuant to gazette No 14 and 15 of volume 42 of 23rd and 24th August 2017.
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Furthermore, the suit seeks a court order of perpetual injunction restraining Governor Ajimobi from initiating any process or taking any step towards intimidating, harassing, threatening, suspending, removing deposing or taking any action whatsoever detrimental to the Olubadan or his office, owing to his opposition the August 27, 2017 event.
The suit argues that state government failed to set up or make recourse to a Chieftaincy committee before embarking on a review of the 1959 Olubadan Chieftaincy Declaration, as provided for by Section 5 (2) of the chiefs Law of Oyo state CAP 28 laws of Oyo state.
According to one of the legal practitioners representing the Olubadan, Abiodun Abdu-raheem, the Governor was by Section 26 of the Chiefs Law expected to consult with the Council of Obas before elevating the chiefs or high chiefs, and that the law made provision for beaded crown and not coronet.
Abdu-raheem also posited that the Council of Obas had been suspended since 2011, while there was no Chieftaincy Committee which proposed the review for ratification by the Governor.
Some parts of the suit reads, the claimant seeks, “An order of perpetual injunction restraining the fourth to 24th defendants from wearing of beaded crown/coronet crown and from parading themselves as beaded crown/coronet crown wearing Obas in Ibadan land.”
“An order of perpetual injunction restraining the first defendant by himself or any of his officials, servants or agents acting pursuant to his instructions from initiating any process or taking any step towards intimidating, harassing, threatening, suspending, removing deposing or taking any action whatsoever detrimental to the Claimant personally or his office as the Olubadan of Ibadanland, more particularly with respect to the crisis caused by the purported amendment to the Olubadan chieftaincy Declaration and Related Matters as contained in Gazettes No 14 and 15 at volume 42 of 23rd and 24th of August, 2017.”
“Declaration that for there to be an amendment to the 1959 Olubadan Chieftaincy Declaration the Chieftaincy Committee proposing such amendment must be composed of Recognised chiefs by virtue of provision of Section 5 (2) of the chiefs Law of Oyo state CAP 28 laws of Oyo state.”
“Declaration that for there to be an amendment of the 1959 Olubadan of Ibadan Chieftaincy Declaration, there must be in existence a Chieftaincy Committee set up in accordance with the provisions of the Chiefs Law of Oyo state 2000.”
“Declaration that the first defendant does not possess the power and authority to confer on anybody/person including the fourth to 24th defendants the right to wear a beaded crown and coronet crown in violation of the Chiefs Law Cap 28 Laws of Oyo state 2000.”
“Declaration that the elevation of the 4th to 24th defendants to the rank/level of an Oba (king) and installation of the said 4th to 24th defendants as kings entitled to wear beaded crown and/or coronet crown by the first defendant without a consultation with the Oyo state council of Obas and Chiefs is illegal, null and void and ultra-vires the powers of the first defendant under chiefs law CAP 26 laws of Oyo state.”
“An order setting aside gazette no 14 and 15 of volume 42 of 23rd and 24th August, 2017 respectively made by the first defendant which confer on the 4th and 24th defendants the right to wear beaded crown and coronet crowns, same being in breach violation and in conflict with the provisions of the chiefs laws cap 28 laws of Oyo state, 2000.”
“An order setting aside the installation of the 4th to 24th defendants (done on Sunday 27th August, 2017) made pursuant to gazette No 14 and 15 of volume 42 of 23rd and 24th August 2017 as same is in conflict with the provision of the chiefs law cap 28 laws of Oyo state 2000 and is to that extent null and void.”
