Justice Walter Onnoghen
delivered the unanimous judgment of the five justices, Olabode Rhodes-Vivour,
Nwali Ngwuta, Mary Peter-Odili and Amiru Sanusi.
The Supreme Court on Friday
affirmed the appointment of Oba Mufutau Gbadamosi, Okikiola Esuwoye II, as the
Olofa of Offa in Kwara.
In his lead judgment,
Onnoghen held that the appointment by the Kwara Government was in line with the
customs and tradition of the people of Offa.
Onnoghen held that
Anilelerin is the only authentic ruling house that could ascend the thrown of
Olofa, adding that the Olugbense ruling house had no historical backing.
“From the history, customs
and tradition of the people of Offa, it is clear that Anilelerin ruling house,
is the authentic and only ruling house backed by native law and authority that
can ascend the thrown of Olofa.’’
He also dismissed the
principle of rotation of the kingship in Offa land.
“If there is rotation as
claimed by the Olugbense family, the principle will have started before the
ascension of the immediate past Olofa, Oba Mustapha Olanipekun.
“This court also found, as
a fact, that there is no rotational policy in existence as far as the stool of
Olofa of Offa is concerned.
“The claim of the Olugbense
family has no historical backing and therefore, the claim of the appellant,
through a counter claim on the issue, succeed and is hereby affirmed.’’
The court also held that
the ascension to the throne is by election and not by rotation as claimed by
the Olugbense family.
He also declared the state
government Gazette of 1970, which recognised Olugbense ruling house was null
and void because it was contrary to the customs and tradition of the people of
Offa.
The apex court also set
aside the judgments secured by the plaintiffs at the state High Court and the
Court of Appeal Division in Ilorin.
The court, however,
expressed the hope that the customs and traditions of the people being dynamic
was subject to changes depending on the practices of people concern at the
particular time.
“It is hoped that in due
course Offa people, particularly the ruling house will see need and reasons to
effect necessary changes to enable Olugbense descendants ascend the stool ones
again.’’
The court encouraged the
people to talk things over and find a peaceful solution to the problem and
advice the state government accordingly.
Alhaji Saka Adeyemo,
Abdulrauf Adegboyega Keji and Saka Keji of Olugbense family had challenged the
appointment of Gbadamosi as Esuwoye II.
They contended that the
appointment contravened Section 3(3) of Kwara State Government Edict on
appointment of and deposition Chief’s law of 1970.
The claimants had said that
the law made provision for rotation between their family and the Anilelerin
family.
In their originating
summons argued on their behalf by Mr John Olusola Baiyashea (SAN), the
plaintiffs claimed that it was their turn to produce the Olofa in line with the
principle of rotation.
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