Kingmakers appeal against judgement nullifying Soun Ogbomoso’s appointment

Five kingmakers for the Soun of Ogbomoso throne in Oyo State have appealed against the decision of the state High Court nullifying the appointment of Oba Ghandi Olaoye as the 21st Soun of Ogbomoso.

The stool of the Soun became vacant with the death of long-reigning Oba Jimoh Oyewumi on 12 December 2021 at the age of 95 years. Mr Oyewunmi was on the throne for 48 years.

But the appointment of Mr Olaoye, a former pastor at the Redeemed Christian Church of God, by Governor Seyi Makinde has triggered a legal battle.

One of the contestants for the Soun throne, Muhammed Kabir Olaoye, a prince, was dissatisfied with the selection process that led to Mr Olaoye’s eventual ascendancy to the stool.

The chairman of the Screening Committee for the Laoye ruling house in Ogbomoso, Abdulwahab Laoye, had earlier disowned Mr Olaoye, saying the family had not selected anybody to fill the vacant stool.

However, the Oyo State Commissioner for Local Government and Chieftaincy Matters, Olusegun Olayiwola, insisted that Mr Olaoye’s appointment followed the statutory processes.

The Oyo State High Court at Ogbomoso had on 25 October set aside Governor Makinde’s appointment of Mr Olaoye as the new Soun of Ogbomoso.

A stay of execution of the judgement was later granted by the judge, K.A Adedokun, paving the way for Mr Olaoye’s inauguration as Soun of Ogbomoso by Governor Makinde on 20 December

Appeal

The appellants are S.O Otolorin, chairperson, kingmakers of Soun Chieftaincy; Salawu Ajadi, Jagun of Ogbomosoland; Tijani Abioye, Bara of Ogbomosoland; David Adeniran Ojo, Kolaba of Ogbomosoland; Yusuf Kasali Oladipupo, Abese of Ogbomoso kingmaker; and Mr Olaoye, the new Soun.

The appellants listed Muhammed Kabir Olaoye, Governor Makinde, Oyo State Attorney-General, Oyo State Commissioner for Local Government and Chieftaincy Matters, Ogbomoso North Local Government, the Traditional Council of Ogbomoso North, and Amos Olawole Olaoye, as respondents in the appeal.

In the notice of appeal dated 30 November, and filed at the Court of Appeal in Ibadan, the Oyo State capital, the appellants faulted the decision of the State High Court voiding Mr Olaoye’s appointment as the new Soun of Ogbomoso.

Grounds of appeal

The appellants based their appeal on 15 grounds.

They argued, among others, that the High Court was wrong to have assumed jurisdiction over the case when the claimant, Muhammed Kabir Olaoye, failed to explore internal complaint resolution mechanisms as stipulated in the Chiefs Law of Oyo State.

Citing Section 20 of the law, the appellants said “It is obligatory to refer any dispute regarding selection/appointment of a chief to the Governor of Oyo State.”

They contended that it was obligatory for Muhammed Kabir Olaoye who disputed the appointment of Oba Ghandi Olaoye “into the stool of Soun Chieftaincy to refer his disagreement to the Governor of Oyo State for purposes of setting up an enquiry under the relevant law.”

“The flagrant violation of the provisions of the Chiefs Law of Oyo State has deprived the Honourable Court of the requisite jurisdiction to entertain the claimant’s case and to grant any relief to him.”

In the appeal filed by Yusuf Ali, a law professor and Senior Advocate of Nigeria (SAN), the appellants further argued that the state chieftaincy law “mandates an unsuccessful candidate wishing to challenge an appointment by the governor to make presentations to the governor in the prescribed manner within 21 days of the approval.”

Mr Ali pointed out that Muhammed Kabir Olaoye “jettisoned” the statutory provisions of the law “when he prematurely filed the suit before the trial court.”

Also, Mr Yusuf contended that the judge, K.A Adedokun, truncated the appellants’ right to a fair hearing when he evaluated the evidence before him.

The appellants said Mr Adedokun’s decision on the dispute occasioned a miscarriage of justice when he overruled the court’s earlier decision on the matter.

“The trial court has no power to sit on appeal on its own judgement. The decision of the trial court was a usurpation of the jurisdiction of the Court of Appeal.”

Mr Yusuf said the judge erred in law by placing “reliance on non-existent fact and extraneous materials to reach its decision to enter judgement in favour of the claimant and thereby reached a conclusion which occasioned a grave miscarriage of justice against the appellants.”

Background

While presenting the staff and instrument of office to Oba Ghandi Olaoye as the 21st Soun of Ogbomoso, Mr Makinde appealed to other contestants to the Soun throne to put the experience behind them and support the new king.

“In exercise of the power, I hereby confirm Oba Ghandi Olaoye Orumogege 111 as the 21st Soun of Ogbomoso land,’’ Governor Makinde had said after presenting the paraphernalia of office to Mr Olaoye last week.

The governor had advised the 62-year-old traditional ruler to prioritise unity in Ogbomosol and for development in the ancient town.

However, a senior lawyer, Kola Alapinni, faulted the decision of Mr Makinde to swear in Oba Olaoye as the new Soun of Ogbomoso in defiance of an order of the state High Court nullifying the appointment to the throne.

Mr Alapinni, who spoke with PREMIUM TIMES in early December, cautioned that it may also lead to ridicule for the traditional stool should the appellate court later affirm his removal from the throne.