By Oludamisi Ojo
An Akure High Court on Thursday dismissed the suit filed by the Deji of Akure, Oba Aladetoyinbo Ogunlade Aladelusi challenging the installation of Oba Olugbenga Ojo as the Iralepo of Isinkan in Akure South Local Government Area of Ondo state.
The court presided over by Justice Olusegun Odusola held that the Iralepo of Isinkan is a recognized chieftaincy under the Chiefs Laws of the state and not under the paramountcy of Deji of Akure.
Oba Aladelusi who is the Chairman of the State Council of Obas had in an originating summons filed by his counsel, Mr Ekaete Udofot claimed that the government of the State had no powers to recognise the Iralepo.
He pointed out that a judgement of the Court of Appeal had declared that the Iralepo of Isinkan was a quarter Chief under the Prescribed Authority of the Deji of Akure.
The suit filed by the monarch and his chiefs had Governor Oluwarotimi Akeredolu, his Attorney General and Commissioner for Justice, and traditional kingmakers of Isikan as defendants.
However, Oba Olugbenga Ojo who has been appointed as the Iralepo of Isinkan by the Isinkan community through his counsel, Chief Sola Ebiseni, raised a preliminary objection challenging the locus standi of the Deji to institute the action being not a member of Isinkan or its Ruling House.
He also contended that the claimants failed to fulfil the conditions precedent which included payment of security fees, disclosure of reasonable cause of action before instituting the action under the Chiefs Law of the State.
The Iralepo contended that the suit of the Deji lacked merit because the instrument of appointment of the Iralepo of Isinkan made by the Executive Council on the 11th of May 2005 has not been challenged by the Deji or any other person in any court and based on which Oba Joseph Olu Ojo, the immediate past monarch of Isikan was appointed in 1995.
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Delivering his judgement, Justice Odusola dismissed the preliminary objection holding that the Claimant’s originating processes disclosed sufficient interest to institute the action which he said disclosed a reasonable cause of action.
The Court however upheld the views of the Oba Ojo that the appointment of the Iralepo of Isinkan as a recognized chieftaincy subsists as the Instrument of appointment legally made by the State executive council had not been challenged or set aside.
The Court consequently dismissed the suit of the Deji and the Akure community as the same lacked merit.
Justice Odusola held that the Deji of Akure had not placed before the court material evidence to show that the traditional stool of Iralepo was a quarter chief under the Deji of Akure and the letter he relied on was neither signed nor dated.
Consequently, the court dismissed the suit filed by Deji and his chiefs against the installation of Oba Olu Ojo as the traditional ruler of Isikan.
