By Asaye Bankole
An Akure High Court in Ondo State 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 upheld the authority of the Ondo State Executive Council to upgrade and recognise traditional chieftaincies in accordance with the law, ruling that the consent of another monarch was not a legal requirement for such recognition.
Delivering judgment on Monday in Suit No. AK/434/2022, Justice Sunday Olorundahunsi held that the State Executive Council had the statutory power to upgrade a minor chieftaincy to a recognised status, as it did in the case of the Iralepo of Isinkan.
The judge consequently rejected the Deji’s argument that his approval was required before the Iralepo could be recognised, describing the challenge to the state government’s authority as unnecessary.
Deji Challenged Iralepo’s Recognition
The Deji of Akure, through his counsel, S.O. Adedeko, had argued that he possessed the authority to approve the installation and recognition of traditional rulers within Akure South Local Government Area, including the Iralepo of Isinkan.
He also relied on an earlier Court of Appeal judgment to support his position that recognising the Iralepo without his consent was unlawful.
However, counsel to the Iralepo, Chief Olusola Ebiseni, argued that the applicable chieftaincy declaration did not grant the Deji the power to approve or reject the recognition of the Isinkan traditional ruler.
Ebiseni maintained that the Isinkan traditional institution predated that of Akure and possessed its own distinct identity, customary authority and territorial boundaries.
The Ondo State Government, represented by F.S. Akinnibosun, also defended its legal authority to recognise and promote traditional rulers, arguing that such powers could not be transferred to another monarch without an express provision of the law.
Court Upholds State Government’s Authority
In his judgment, Justice Olorundahunsi upheld the decision of the Ondo State Executive Council to recognise the Iralepo of Isinkan and the Osolo of Isolo, based on the findings of the Justice Ajama Commission of Inquiry.
The judge held that the government’s decision was consistent with an earlier Court of Appeal judgment in the dispute between the Iralepo and the Deji of Akure, which affirmed the Executive Council’s authority in traditional chieftaincy matters.
He also upheld the government’s power to establish the Ajama Commission of Inquiry.
According to the judgment, the submission of memoranda by the Iralepo was consistent with the earlier appellate court’s directive that the affected communities should return to the Executive Council, which had initially denied them recognition, rather than seek recognition directly from the court.
The court further upheld the Iralepo’s counterclaim, affirming his recognised traditional status and claim to the territory of Isinkan.
Court Rules on Isinkan’s Territorial Rights
On the disputed territorial boundaries, the court relied on documentary evidence, including a judgment of the Akure Native Court presided over by Deji Ademuwagun Adesida.
The historical judgment recognised a territorial claim extending from Imogun to the Aponmu/Owena Rivers.
Justice Olorundahunsi held that Isinkan and Isolo were autonomous communities and that Ondo State’s chieftaincy laws did not grant the Deji of Akure the authority to approve or veto the recognition of their traditional rulers.
The judge emphasised that a court could not confer on an individual a power that was not provided for under the law.
Consequently, the court restrained the Deji of Akure, his agents, chiefs and anyone acting on his behalf from interfering in the affairs of the Iralepo or dealing with the disputed land in Isinkan.
The court dismissed the Deji’s claims and upheld the counterclaims filed by the defendants, including the Ondo State Government and the Iralepo of Isinkan.
Iralepo Welcomes Judgment
Speaking with journalists at the court premises after the judgment, Oba Oluwagbemiga Olofin-Adimula described the ruling as a courageous affirmation of the customary law governing the Iralepo chieftaincy and the territorial identity of Isinkan.
He said the community had consistently pursued 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,” the monarch said.
He added that Isinkan was seeking the freedom to preserve its traditional institution and live peacefully on its ancestral land.
“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,” he said.
The judgment marks a significant development in the longstanding dispute between the Isinkan traditional institution and the Deji of Akure over chieftaincy recognition, community autonomy and territorial boundaries.
It also reinforces the authority of the Ondo State Government to determine traditional chieftaincy matters within the limits of the applicable law.
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