Tuesday, 31st October, 2023, the high court situated in Ikirun, Osun state under the lordship of Justice Adeleke, has adjourned the hearing of the suit challenging the Illegal nomination and the appointment of Prince Famodun of Owa Okeode ruling house as the Owa of Igbajo Land. The suit which has Prince Adedamola Babatunde Awodola, Prince Sunday Esan, Prince Ademola Makinde, Prince Olaniyi Akande of Owa Oke Ode ruling house of Igbajo as the Plaintifs and the Governor of Osun State, the Attorney General of Osun State, the Commissioner of Local Governments, Prince Adegboyega Famodun and the King makers of Igbajo Land as the Defendants.
Speaking with our correspondent in a brief media chat, the barrister of the plaintifs laid the premises on which his clients are challenging the defendants which include there are two sections of the Igbajo ruling house one of which the plaintifs belong to.
According to the lawyer, who preferred that his name should not be exposed for now, he said Owa of Igbajo chieftaincy stool is rotational between these two ruling houses in accordance with the Owa of Igbajo Chieftaincy Declaration. In Owa Oke, there are nine sections that make up the ruling house. Among these sections is
the section prince Famodun is from which is Gbeleru section. He added, “.
The Barrister further narrated that When it was the turn of Owa Oke Ode to present candidate to fill the then vacant stool in the past, it was the grandfather of prince Famodun, who was later called, Oba Famodun 1, from Gbeleru that clinched the slot. When it was another time for this ruling house to present candidate to fill the then vacant stool again, it was the biological father of prince Famodun from the same Gbeleru who was called Oba Famodun II, that used the slot. Now, it is the turn of this ruling house to present candidate again for Owa of Igbajo, and prince Famodun, whose grandfather and biological father from the same Gbeleru section of Owa Oke Ode ruling house used the two previous slots in succession, used his political influence as then chairman of then ruling party in Osun State to attempt to clinch the throne again.
The plaintifs, who are leading contestants for this vacant stool, filed this present action to show that equity, fairness and justice demand that other sections of the ruling house who have not had the bite should be allowed to present candidate to fill the vacant stool this time around. The lawyer said.
While speaking to our correspondent, the barrister furthered said by the provision of the Chiefs law of Osun State, the Governor of the State should not approve an appointment of any candidate to a vacant stool untill after a period of 21 days. In the instant case, Prince Famodun was claimed to have been selected by the kingmakers on 21/11/2022 and approval was purportedly given on 25/11/2022, just four days after the purported selection instead of 21 days required by law. The above are the two principal grounds by which the plaintifs went to court. The plaintiff’s lawyer said.
Seeing the prayers of prince Famodun, it was noted that instead of filing his defense to this claim, if he has any, Prince Famodun, filed a notice of preliminary objection contending, among others, that the plaintifs have no locust standi to file this action on the ground of promisory estoppel which means that, in the interest forms obtained by the plaintifs when the nomination process began, there is a particular place where the forms declare that contestants will not resort to litigation. Whereas, these forms are not contract agreements that contain terms, conditions, and consideration. Hence, the forms do not have the effects that Prince Famodun is ascribing to them. Moreso that nowhere in the entire gamut of the Chiefs law these intention forms are made part of the nomination or selection process.
According to him, the forms were devised by the government to merely generate revenue into the coffers of the local government. Ministry of Justice equally filed similar notice of preliminary objection contending that the plaintiffs have not shown special interests above other family members to entitle them to approach the court. The special interests that the plaintiffs have over other members of the ruling house is that they are contesting for this stool, having purchased the intention forms and participated in all the nomination stages.
The plaintifs, through their lawyer, reacted to these objections through counter affidavits and written addresses urging the court to dismiss all the objections same having been predicted on the wrong position of law and unmeritorious
The Counsel on Tuesday, 15th October, 2023, moved an application to regularize these counter affidavits and written addresses, and the same was granted by the court.
Briefing our correspondent at the court premises, Prince Ademola Adeyinka Adereni from one of the 9 families in Owa Oke Ode said there was a pending court case before they picked Prince Famodun illegally and the family of Famodun, one out of the 9 families has been using all the tickets that Omo Owa Oke Ode is entitled to. His grandfather used the ticket, his father used the ticket, and he also wanted to use the ticket again instead of allowing another family to use the ticket. He added.
Equally, Prince Adedayo Gbenga Akande from Omo Owa Oke has lent his voice, saying Governor Ademola Adeleke has dethroned all the Illegal coronated Kings but Prince Famodun is still parading himself as the King of Igbajo, is he bigger than the Governor of the State? He asked?
Prince Adetunji Awodola said they cried out, protested against the irregularities, particularly when they transfered the case from Ikirun to Osogbo in order for them to manipulate it. In fact, they did not coronate on Iloro Market day, which is against laid town rules of Igbajo as a traditional town, this has caused a lot of problems in Igbajo. We therefore call on the sons and daughters of Igbajo home and in diaspora, the Governor of Osun state, to fight against this abnormality. Prince said,’
Recall that the Youths and Women of Igbajo recently protested the alleged enthronement of Prince Famodun, where they appealed to Governor Adeleke to speedily intervene before everything gets out of hand.
The case was adjourned to 5/12/2023 for hearing of the preliminary objections.