By Gbenga Ojikutu
An Ekiti State High Court, Ado Ekiti Division, has ordered the deposition of the Oluloro of Iloro Ekiti, Oba Femi Olugbesoye, over non-compliance with the native law and custom as regards coronation rites.
This followed the approval by the Ekiti State Executive Council of the appointment of Olugbesoye as the Oluloro of Iloro Ekiti on December 21, 2019.
The judge, Justice Jide Aladejana, according to a copy of the judgment made available in Ado Ekiti on Thursday, made the pronouncement while delivering judgment in the suit filed by Prince Olakunle Fadare and four others challenging Olugbesoye and four others over his ascendancy to the throne.
Fadare and four others (claimants) had claimed in court that Olugbesoye did not perform the necessary traditional rites, but the defendants dismissed it, adding that the court lacked jurisdiction.
In the judgment delivered on September 30, 2024, Justice Aladejana held, “In the circumstance, the sole issue formulated is resolved in favour of the claimants against the defendants. The action of the claimants succeeds.
“I consequentially declare that the failure and refusal of the first defendant to present himself for coronation rites by the Aoropare in line with the Native Law and Custom of Oluloro of Iloro Ekiti is wrongful.
“I also order the second to fifth defendants to depose the first defendant as the Oluloro of Iloro Ekiti in line with the Customary Law of Iloro Ekiti.
“I make an order of injunction restraining the first defendant from parading himself as the Oluloro of Iloro Ekiti.”
In his judgement, Aladejana ruled, “I make an order of injunction restraining the second to fifth defendants from dealing with or recognising the first defendant as the Oluloro of Iloro Ekiti.”
In the matter, the claimants had approached the court in April 2022 seeking among others “a declaration that the failure and the refusal of the first defendant to present himself for coronation rites by the Aoropare in line with the Native Law and Custom of Oluloro of Iloro Ekiti is wrongful”.
The claimants also sought a declaration that Ajero of Ijero Ekiti is not a prescribed authority over the Oluloro of Iloro Ekiti chieftaincy and that the said Ajero of Ijero Ekiti had no traditional or legal right to install or coronate an Oluloro of Iloro Ekiti.
They also canvassed a court order directing the second to fifth defendants to depose the first defendant as Oluloro of Iloro Ekiti in line with the native law of Iloro Ekiti.
The claimants also sought an order of perpetual injunction restraining the second to fifth defendants from recognising or dealing with the first defendant as the Oluloro of Iloro Ekiti and as well another one restraining the first defendant from parading himself as the Oluloro of Iloro Ekiti, Ekiti State.”
In his defence, the first defendant, who urged the court to dismiss the claimant’s claim in its entirety, denied desecrating, violating or defiling the customers and tradition of Iloro Ekiti in any way to warrant being sanctioned or removed from office”, had in his preliminary objection, contended that the court lacked jurisdiction to entertain the matter.
The first defendant had claimed that the claimant could only approach the court by way of judicial review or order of mandamus.
The second to fifth defendants, who also urged the court to dismiss the suit for lack of jurisdiction, described the matter as “grossly incompetent” and “abuse of court process.”
Meanwhile, counsel for the first defendant, Owoseni Ajayi, who said an appeal had been filed against the judgment, said, “We are on appeal, but we have not been given a date yet”
