By Duchess Ifeoluwa
An Ondo State High Court sitting in Akure has dismissed a suit filed by the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi, challenging the recognition of Oba Oluwagbemiga Olofin-Adimula Arulewolasi III as the Iralepo of Isinkan.
The court also upheld the Iralepo’s counterclaim over the traditional institution and disputed territory of Isinkan, restraining the Deji, his chiefs, agents and other persons acting on his behalf from interfering in the affairs of the community or dealing with the disputed land.
In a judgment delivered on Monday in Suit No. AK/434/2022, Justice Sunday Olorundahunsi held that the Deji’s consent was not required for the Ondo State Government to recognise the Iralepo and other traditional rulers in Isinkan and Isolo.
The judge ruled that the applicable chieftaincy law did not empower the Akure monarch to approve or veto the recognition of traditional rulers in the two communities.
The court consequently upheld the authority of the Ondo State Executive Council to upgrade and recognise traditional chieftaincies in the state, affirming the recognition of the Iralepo of Isinkan and the Osolo of Isolo following the findings of the Justice Ajama Commission of Inquiry.
The judgment marks a significant development in the longstanding dispute between the Akure traditional institution and the Iralepo over chieftaincy recognition, customary authority and territorial boundaries.
The Deji had approached the court to challenge the recognition of Oba Olofin-Adimula as the Iralepo, arguing that his consent and concurrence were necessary for the installation and recognition of traditional rulers within Akure South Local Government Area.
Through his counsel, S.O. Adedeko, the monarch also relied on an earlier Court of Appeal judgment to contend that the recognition of the Iralepo without his consent was unlawful.
However, the Iralepo, represented by Chief Olusola Ebiseni, opposed the suit, maintaining that the relevant chieftaincy declaration did not confer such powers on the Deji.
The defence argued that Isinkan had a distinct traditional identity, defined territorial boundaries and a history predating the Akure traditional institution.
The Ondo State Government, represented by F.S. Akinnibosun, also defended its authority to recognise and promote traditional rulers, arguing that powers vested in the government by law could not be transferred to another monarch without an express legal provision.
In resolving the dispute, Justice Olorundahunsi upheld the State Executive Council’s decision to recognise the Iralepo of Isinkan and the Osolo of Isolo following the findings of the Justice Ajama Commission of Inquiry.
The judge also affirmed the government’s authority to constitute the commission and considered the process through which the affected communities submitted memoranda to the Executive Council for consideration.
According to the judgment, the procedure was consistent with an earlier Court of Appeal decision directing the communities to return to the Executive Council, which had initially denied them recognition, rather than seek recognition directly from the court.
Justice Olorundahunsi found no legal basis for the Deji’s contention that his consent was a prerequisite for the recognition of the traditional rulers.
He stressed that a court could not confer a power on an individual where such authority was not provided for by law.
Beyond the chieftaincy recognition dispute, the court upheld the Iralepo’s counterclaim concerning Isinkan’s traditional institution and territorial claims.
In determining the territorial dispute, the judge relied on documentary evidence, including a judgment delivered by the Akure Native Court presided over by the late Deji Ademuwagun Adesida.
The evidence, according to the judgment, recognised a territorial claim extending from Imogun to the Aponmu and Owena Rivers.
The court consequently upheld the Iralepo’s position on the disputed territory and restrained the Deji and persons acting through him from interfering in the community’s affairs or dealing with the land in question.
The judge dismissed the Deji’s claims and upheld the counterclaims of the defendants, including the Ondo State Government and the Iralepo.
Speaking with journalists on the court premises after the judgment, Oba Olofin-Adimula described the ruling as an affirmation of the customary law governing the Iralepo chieftaincy and the historical territorial identity of Isinkan.
The monarch said the community had consistently sought recognition of its traditional institution and the right to exercise authority over its ancestral land.
“This court has demonstrated courage in affirming the age-long customary law of the Iralepo chieftaincy and the territory of Isinkan in relation to the Deji and Akure,” he said.
He added, “Isinkan asks no more than to be allowed to wear our ancient crown and live happily on our God-given land. This has been our position even before the elites and the Joint Peace Committee of the two communities, to no avail.”
