Wild jubilation engulfed the ancient City of Orile Igbon in Ogbomoso, surulere Local Government Area of Oyo State as an Ibadan State High Court dismissed a lawsuit aimed at the removal of the Olugbon of Orile-Igbon, Oba Francis Olushola Alao.
On Monday, Justice K.A. Adedokun struck out the suit, citing lack of jurisdiction.
The lawsuit was brought forth in 2017 by four members of the Akinbola family shortly after the coronation of Oba Alao, contesting his selection, appointment, and approval as the Olugbon of Orile-Igbon.
The claimants in the case include Engr. Akintayo Charles Akintola (representing himself and members of the Akintola Akinbola section), Mrs. Olu Oyelade (for herself and members of the Ojediran Akinbola section), Mr. Ladiran Olaniyi (for himself and members of the Olaniyi Akinbola section), and Dr. (Mrs.) Olajoke Bolade (for herself and members of the Abioye Akintaro Akinbola section).
Named as the first to eighth defendants in the suit are the Governor of Oyo State, the Attorney General of Oyo State, the Commissioner for Chieftaincy and Local Government Matters, the Secretary of Surulere Local Government, Chief Ajani Awotoro (Jagun Olugbon and Chairman of Orile Igbon Chieftaincy Kingmaker), Oba Olushola Alao, Mr. George Okunola Olayinka (Mogaji of Akinbola Family), and Prince John Oyewo Oyelade.
In the amended writ of summons filed by their counsel, Barr. Abiodun Abdu-Raheem Esq., the claimants sought a declaration that when it is the turn of the Akinbola family to fill the vacant stool of the Olugbon of Orile-Igbon, only direct descendants from the male lineage of the family’s five sections—Akintola Akinbola, Olayinka Akinbola, Oyediran Akinbola, Abioye Akintaro Akinbola, and Olaniyi Akinbola—are eligible for selection, nomination, and presentation for the Olugbon appointment.
They also sought a declaration that the sixth defendant, not being a direct descendant from the male lineage of the Akinbola family, is unqualified for nomination or selection for the vacant Olugbon stool.
Furthermore, they requested a declaration that a meeting for selection and nomination must be summoned by the head of the Akinbola family, with all sectional heads (the claimants) and other members in attendance to make representations.
The claimants argued that the recommendation, selection, and presentation of the sixth defendant by the seventh defendant to the fourth defendant, leading to the sixth defendant’s acceptance and appointment by the first defendant as Olugbon of Orile-Igbon, without following the family’s selection and nomination process, is unlawful.
They asserted that the seventh defendant’s unilateral action in selecting and nominating the sixth defendant, who is not a member of any male lineage of the Akinbola family, violates the claimants’ rights and makes the selection and appointment legally void.
Additionally, they sought to set aside the letter of approval for the sixth defendant as Olugbon of Orile-Igbon, arguing it was issued contrary to family custom and tradition and without the involvement of the claimants’ sections of the Akinbola family.
The claimants requested an order to compel a meeting of the Akinbola family for proper selection and nomination of a candidate for the Olugbon stool and a perpetual injunction against the defendants preventing them from recognizing or dealing with the fourth defendant as Olugbon of Orile-Igbon.
In his judgment, Justice Adedokun stated that the court lacked jurisdiction to entertain the suit due to the claimants’ lack of standing to bring the case. He noted that Surulere Local Government Area, which holds the authority for the selection process and approval of the Olugbon’s appointment, was not named as a defendant.
He remarked, “A non-existent person cannot sue or be sued because it is not a legal entity. The fourth defendant—the Secretary of Surulere Local Government—is not a juristic person. Surulere Local Government is a necessary party to the suit because it has the statutory power in the selection process of Olugbon. The presence of the local government is necessary for the adjudication of an effective suit. Having failed to sue the local government, the court cannot make an order against it.”
Justice Adedokun further pointed out that Olugbon does not have a registered chieftaincy declaration and that Surulere Local Government bears sole responsibility for initiating the selection process. Evidence presented in court indicated that local government representatives had met with the Akinbola family without record of the claimants’ participation in the process that resulted in the appointment of the Olugbon. As such, the claimants lacked the standing to file the suit.
“In my view, the court lacked the jurisdiction to entertain this suit and the suit is hereby struck out,” the judge concluded