An Ondo State High Court sitting in Ikare-Akoko has confirmed the appointment of Oba Yaya Olawale Obaniyi from the Oyagi Ruling House as the Oludaja of Daja of Ajowa Akoko in the Akoko Northwest Local Government Area of the state.
The judgment of Justice Femi Akinbini settled the dispute over the rightful occupier of the throne of Oludaja of Daja in Ajowa-Akoko before the law court after the demise of the former occupier of the throne, Oba Julius Kehinde Alabi Olodowa, some years ago.
Some members of the Ibowe Clan of Oyagi Ruling House in Daja had dragged Obaniyi, the Akoko Northwest local government, the Commissioner for Local Government and Chieftaincy Affairs, the Attorney General, and the Commissioner for Justice and State Executive Council to court over the appointment of Obaniyi as the Oludaja of Daja Ajowa Akoko.
Obaniyi was appointed Shaba of Daja in 1997 in conformity with the Morgan Chieftaincy Declaration before his eventual promotion as the Oludaja of Daja Ajowa-Akoko. Appointment of monarchs in the community is by promotion, and whoever emerges as Shaba automatically becomes Oludaja of Daja under the customs and traditions of the town.
Displeased with the elevation of Obaniyi as Oludaja, the Ibowe Clan, including Prince Obawumi Obadun, Moshood Obadun, and Kayode Alaremu, through their lawyer, Mr Femi Emadamori, asked the court to nullify the appointment and staff of office of Obaniyi as Oludaja of Daja Ajowa-Akoko.
The Ibowe Clan requested the court to declare that, under the Native Law and Custom of the Daja Community in Ajowa Akoko, as well as the relevant Oludaja Chieftaincy Declaration and the age-long tradition and convention of the Daja Community, it is only the Ibowe Clan that can and has indeed produced the Oludaja of Daja.
The Ibowe clan sought the declaration that Obaniyi, who is from the Ihoko Clan of the Oyagi Ruling House of Daja, is not entitled and eligible to be appointed as the Oludaja of Daja.
However, in his verdict, Justice Akinbinu stated that the monarch, who is the counter-claimant in the suit, has provided concrete documentary evidence to support his claim of being duly appointed as Shaba. He stated that the claim that Chief S. O. Alaremu was elected as Shaba was largely unsubstantiated, with no evidence to support it.
Justice Akinbinu held that since civil cases are determined by preponderance of evidence, whoever has heavier evidence, when all the total evidence adduced is placed on an imaginary scale of justice, carries the day. He said the monarch has been able to adduce concrete, cogent, and convincing evidence to establish the fact that he was duly appointed as the Shaba of Daja.
The court held that even if the appointment of Obaniyi as Shaba was wrong in 1997, no action was brought against him. Since then, the statute of limitations law has barred such action from being heard in the court.
Notably, Justice Akinbinu held that, as all the parties and documents indicated, succession is automatic with the Shaba from the other ruling house becoming the Oludaja. Obaniyi, having been duly appointed as Shaba and having outlived the last Oludaja, automatically became the Oludaja.
Justice Akinbinu held that Chief Yaya Obaniyi, having been properly and duly appointed as the Shaba of Daja, is automatically entitled to be installed and presented with a certificate and staff of office by the State Executive Council following the demise of the immediate past Oludaja of Daja, Oba J.K.A. Olodowa.
In his reaction after the verdict, the monarch asked his co-contestants to sheath their swords and join him in the development of the town. He said that the development of the community should be paramount in their minds, rather than needless litigation.
Court dismisses suit challenging monarch’s appointment in Ondo community
