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Enioluwa Adeniyi
Guest
The Ekiti State High Court in Ado Ekiti has ordered the deposition of Oba Femi Olugbesoye, the Oluloro of Iloro Ekiti, for failing to adhere to the native law and customs concerning coronation rites.
The judgment was delivered by Justice Jide Aladejana on September 30, 2024, following a legal challenge against Olugbesoye’s ascendancy to the throne.
The suit was initiated by Prince Olakunle Fadare and four others, who contested Oba Olugbesoye’s installation as king, arguing that he did not perform the necessary traditional rites required for ascension.
Despite the defendant’s assertion that the court lacked jurisdiction over the matter, Justice Aladejana ruled in favour of the claimants, leading to the order for Oba Olugbesoye’s removal.
Oba Olugbesoye was officially appointed as the Oluloro of Iloro Ekiti by the Ekiti State Executive Council on December 21, 2019.
The judge pronounced, “I consequently 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.
“Finally, 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 approached the court in April 2022 seeking, among other things, “a declaration 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.”
The claimants also sought a declaration that the Ajero of Ijero Ekiti is not a prescribed authority over the Oluloro of Iloro Ekiti chieftaincy and that the Ajero of Ijero Ekiti has 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 sought an order of perpetual injunction restraining the second to fifth defendants from recognizing or dealing with the first defendant as Oluloro of Iloro Ekiti, as well as another restraining the first defendant from parading himself as Oluloro of Iloro Ekiti, Ekiti State.
In his defence, the first defendant, who urged the court to dismiss the claimants’ claims in their entirety, denied desecrating, violating, or defiling the customs and tradition of Iloro Ekiti in any way to warrant being sanctioned or removed from office. He contended in his preliminary objection that the court lacked jurisdiction to entertain the matter.
The first defendant claimed that the claimants could only approach the court through 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 an “abuse of court process.”
Meanwhile, counsel for the first defendant, Owoseni Ajayi, who said an appeal had been filed against the judgment, stated, “We are on appeal, but we have not been given a date yet.”
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