Supreme Court dethrones first-class Oyo monarch, Eleruwa
Ade Adesomoju, Ademola Babalola
The Supreme Court on Friday dethroned the Eleruwa of Eruwa in Oyo State, Oba Samuel Adebayo-Adegbola.
A five-man panel of the apex court led by Justice Muhammad Dattijo dismissed the appeal by Adegbola and six others.
The appellants had appealed against the concurrent decisions of the Oyo State High Court and the Court of Appeal which had both ruled against them over the chieftaincy tussle.
In upholding the decisions of the two lower courts, the apex court, on Friday, resolved all the five issues raised in the appeal against the appellants.
The panel unanimously held that the appeal lacked merit and substance.
Justice Kudirat Kekere-Ekun who read the lead judgment said the authorities cited by the plaintiffs/appellants, in their appeal had no bearing on their case.
Justice Kekere-Ekun held “The appeal has no merit and it is hereby dismissed.
“I made no order as to cost.
“Parties are to bear their cost. The appeal is dismissed.”
The appellants in the appeal are, Adebayo-Adegbola (Eleruwa), Chief Samuel Salako Adewusi ( Odofin Eruwa, who is said to be deceased), Chief Femi Atanda, Jagun of Eruwa, Chief I.O. Olabode, Olukuton of Eruwa, Chief Idowu Okeowo, Asipa of Eruwa, Chief E. Ojebisi, Baale of Agbe Eruwa and Mr. Kasali Sangotikun.
The respondents to the appeal were are Mr. James Olatunde Idowu, (for himself and on behalf of Laribikusi ruling house excepting Lasubu family or section of Laribikusi ruling house/quarters), Alhaji Rasheed Oyedepo Ajao, Oyo State governor, the Oyo State Attorney General and the Ibarapa East Local Government Area.
Justice Muktar Abimbola of an Ibadan High Court had in 2011 ordered Adegbola’s removal, declaring the process of his ascendancy to the Eruwa throne illegal, null and void.
The Laribikusi Ruling House of Eruwa had instituted the suit to challenge the erstwhile traditional ruler’s enthronement.
The judge had held that Adegbola was not a member of Laribikusi, one of the town’s two ruling houses.
The court had held that Adegbola was not a member of the ruling house whose turn was it to produce the successor to the previous Eleruwa, Oba Bolanle Olaniyan, who died in 1994.
Adegbola had in 2013 lost a 15-year battle to retain his throne at the Court of Appeal sitting in Ibadan.
The monarch and six others brought a suit against Mr James Olatunde Idowu and four others following a judgment delivered by Justice Ladipo Abimbola of the State High Court on January 26, 2011, that the current Eleruwa was wrongly picked for the throne.
Justice Monica B.
Dongban-Mensan, in 50-minute judgment, thanked the counsels, Demilade Olaniyan and Tona Akande, for their industry, and dismissed the appeal of the appellant.
Justice Dongban-Mensan, who examined some issues raised by the appellant, said the eminent jury were satisfied with the process in which the earlier court conducted the case. It thereby complied with the court process and affirmed the judgment of the High Court.
Oba Adegbola became the Eleruwa in 1998, following the death of his predecessor, Oba Bolanle Olaniyan in 1994.
His removal by an Oyo State High Court on the grounds that his selection, nomination and approval by the State Government were irregular, null and void, was affirmed by the Federal High Court.
Adegbola had dismissed the appeal court judgment by saying, “There is no cause for alarm as my counsel are finalising the process of appeal at the Supreme Court.”
He said the case being a civil matter can still be taken up to Supreme Court, adding that he is ready to enforce to the fullest, his rights under the provision of law.
His opponent, Rasheed Oyedepo said the victory of the over-a-decade legal battle has confirmed that the judiciary remains the hope of the common man.
“Today, the entire Eruwa community is set free as a result of the judiciary, which restored our hope. We stood by the truth for the 15 years that Adegbola was illegally picked by some cabals in Eruwa, but today, God has revealed himself.
“I urge Oyo State Government to ensure the implementation of the court order,” Oyedepo said.
The Supreme Court on Friday dethroned the Eleruwa of Eruwa in Oyo State, Oba Samuel Adebayo-Adegbola.
A five-man panel of the apex court led by Justice Muhammad Dattijo dismissed the appeal by Adegbola and six others.
The appellants had appealed against the concurrent decisions of the Oyo State High Court and the Court of Appeal which had both ruled against them over the chieftaincy tussle.
In upholding the decisions of the two lower courts, the apex court, on Friday, resolved all the five issues raised in the appeal against the appellants.
The panel unanimously held that the appeal lacked merit and substance.
Justice Kudirat Kekere-Ekun who read the lead judgment said the authorities cited by the plaintiffs/appellants, in their appeal had no bearing on their case.
Justice Kekere-Ekun held “The appeal has no merit and it is hereby dismissed.
“I made no order as to cost.
“Parties are to bear their cost. The appeal is dismissed.”
The appellants in the appeal are, Adebayo-Adegbola (Eleruwa), Chief Samuel Salako Adewusi ( Odofin Eruwa, who is said to be deceased), Chief Femi Atanda, Jagun of Eruwa, Chief I.O. Olabode, Olukuton of Eruwa, Chief Idowu Okeowo, Asipa of Eruwa, Chief E. Ojebisi, Baale of Agbe Eruwa and Mr. Kasali Sangotikun.
The respondents to the appeal were are Mr. James Olatunde Idowu, (for himself and on behalf of Laribikusi ruling house excepting Lasubu family or section of Laribikusi ruling house/quarters), Alhaji Rasheed Oyedepo Ajao, Oyo State governor, the Oyo State Attorney General and the Ibarapa East Local Government Area.
Justice Muktar Abimbola of an Ibadan High Court had in 2011 ordered Adegbola’s removal, declaring the process of his ascendancy to the Eruwa throne illegal, null and void.
The Laribikusi Ruling House of Eruwa had instituted the suit to challenge the erstwhile traditional ruler’s enthronement.
The judge had held that Adegbola was not a member of Laribikusi, one of the town’s two ruling houses.
The court had held that Adegbola was not a member of the ruling house whose turn was it to produce the successor to the previous Eleruwa, Oba Bolanle Olaniyan, who died in 1994.
Adegbola had in 2013 lost a 15-year battle to retain his throne at the Court of Appeal sitting in Ibadan.
The monarch and six others brought a suit against Mr James Olatunde Idowu and four others following a judgment delivered by Justice Ladipo Abimbola of the State High Court on January 26, 2011, that the current Eleruwa was wrongly picked for the throne.
Justice Monica B.
Dongban-Mensan, in 50-minute judgment, thanked the counsels, Demilade Olaniyan and Tona Akande, for their industry, and dismissed the appeal of the appellant.
Justice Dongban-Mensan, who examined some issues raised by the appellant, said the eminent jury were satisfied with the process in which the earlier court conducted the case. It thereby complied with the court process and affirmed the judgment of the High Court.
Oba Adegbola became the Eleruwa in 1998, following the death of his predecessor, Oba Bolanle Olaniyan in 1994.
His removal by an Oyo State High Court on the grounds that his selection, nomination and approval by the State Government were irregular, null and void, was affirmed by the Federal High Court.
Adegbola had dismissed the appeal court judgment by saying, “There is no cause for alarm as my counsel are finalising the process of appeal at the Supreme Court.”
He said the case being a civil matter can still be taken up to Supreme Court, adding that he is ready to enforce to the fullest, his rights under the provision of law.
His opponent, Rasheed Oyedepo said the victory of the over-a-decade legal battle has confirmed that the judiciary remains the hope of the common man.
“Today, the entire Eruwa community is set free as a result of the judiciary, which restored our hope. We stood by the truth for the 15 years that Adegbola was illegally picked by some cabals in Eruwa, but today, God has revealed himself.
“I urge Oyo State Government to ensure the implementation of the court order,” Oyedepo said.
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