By Tope Fayehun
The Court of Appeal sitting in Akure, Ondo State capital, has finally put to rest an aged long obaship tussle between the Owa-Ale of Ikare and the Olukare of Ikare in Akoko North East local government area of the state.
The Appellate court panel led by Justice Obande Ogbuinya dismissed a suit filed against the recognition of Owa-Ale, Oba kolapo Adegbite-Adedoyin as a traditional ruler in the ancient town.
In a unanimous judgement read by Justice Danjuma , the Court ruled that the appeal CA/AK/103/2011 instituted by the Olukare, Oba Akadiri Saliu-Momoh and five members of his family against Owa-Ale and the Ondo state government lacked merit and an abuse of judicial process.
While saying the case was status barred , Justice Danjuma held that Olukare lacked legal ground to challenge the Chieftaincy Status of Owa-Ale as a monarch in Ikare, considering various laws such as the Public Officers Protection Law, Cap 103, Volume 5, Law of Ondo state 1978 and Section 4(1a) of the Limitation Laws Cap 61, Laws of Ondo state 1978.
The Appeal Court subsequently resolved three issues raised by the appellants for determination in favour of the three respondents- Owa-Ale, State Attorney General and Commissioner for Justice as well as the State Commissioner for Local government and Chieftaincy Affairs.
The trial judge, Justice D.I. Kolawole of the Ondo state High Court in Akure had on 26th July, 2011 held in a Suit No: Ak/260/2010, that the case was an abuse of court process, status barred and that the court lacked the jurisdiction to entertain the suit.
The Appellants through their lawyer, Mr Dele Adesina, SAN, had filed the appeal against the verdict of the state High court, praying the Appeal court to declare Owa-Ale Chieftaincy as illegal and to compel the state government to stop recognizing as a monarch in Ikare-Akoko.
In their counter arguments, Counsel to the State Attorney General, the State Commissioner for Local Government and Chieftaincy Affairs, Mr Akeredolu and the Lead Counsel to Owa-Ale, Mr Olawale Ijatuyi had urged the appellate court to dismiss the appeal since similar case had been resolved in favour of Oba Adedoyin in 2009.
The Defendants Counsels also argued that Owa-Ale was recognised under the 1976 Chieftaincy Law, in the judgments of the state High Court in Suit No: AK/43/81 and AK/171/2007 while the 1999 white Paper on the Report of Justice Adeloye Commission also listef “Owa-Ale” title among recognised Obas in Ondo State.
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