Posted by By Kolade Larewaju on
THE Alake of Egbaland Chieftaincy title dispute was yesterday laid to rest as the Ogun State Chief Judge, Justice Charles Oluremi Jacobs dismissed the prayers of the Lupo Mosuleka and Lelu Eringin Ruling houses to be included in list of ruling houses producing the Alake of Egbaland raising hopes of the emergence of a new Oba soon.
ABEOKUTA - THE Alake of Egbaland Chieftaincy title dispute was yesterday laid to rest as the Ogun State Chief Judge, Justice Charles Oluremi Jacobs dismissed the prayers of the Lupo Mosuleka and Lelu Eringin Ruling houses to be included in list of ruling houses producing the Alake of Egbaland raising hopes of the emergence of a new Oba soon.
In fact the two houses through their counsel, Chief Gani Fawehinmi [SAN] wanted the court to recognize the Lupo Mosuleka as the next to produce the new Alake following the demise of late Oba Oyebade Lipede.
But in his ruling, Justice Jacobs dismissed the application noting that the 1963 Chieftaincy Law recognized by law recognizes only- two ruling Houses the Jibodu which produced the late Alake and Laarun which is currently presenting candidates for the stool
Lupo Mosuleka and Lelu Eringin Ruling houses had challenged the 1963 Chieftaincy law on the claim that the 1981 L.E.V Adesanya Commission of Enquiry recommended their inclusion in the list of ruling houses and that a 1992 State Executive Council meeting had ratified it..
Justice Jacobs however ruled that all evidences tendered by Chief Fawehinmi were not legally admissible and as such, "dismissed his claims in its entirety"
The judge in his over one hour judgment said that the L.E.V Adesanya commission could not be considered as an amendment to the 1963 Chieftaincy law adding that the state Governor equally lacked the power to amend the chieftaincy law contrary to Fawehinmi's claim.
Besides, he stressed that the minute of the state Executive (Exco) meeting of 18th March 1992 tendered as exhibit by the plaintiffs did not contain any conclusive decision on the Alake stool.
"There was no approval from the executive council and even if there was one at all, it is the chieftaincy committee of the local government that will make amendments to the 1963 Alake chieftaincy declaration on the Alake of Egbaland stool.
"Documents submitted by the counsels to the plaintiffs allegedly on the strength of the 1981 Justice LEV Adesanya recommendation among other evidences are not admissible in law; therefore this case is dismissed in its entirety. That is the judgment of the court.
Chief Akani Adenekan who stood in for Chief Fawehinmi said that an appeal would be filed saying "we will move fast on this appeal against the judgment in view of the fact that they want to move fast in installing an Alake. We should within the next two weeks file motion of stay of execution and another to restrain installation".
But reacting to the judgment, elated chairman of Alake regency Council and Oluwo of Egbaland, Chief Emmanuel Adeboye described the judgment as a confirmation of the validity of the 1963 chieftaincy law .and that it has given the kingmakers the liberty to go on with the selection process.
""From here, we are going straight irrespective of any notice of appeal. We are not bothered by it. We are going straight with the selection of a new Alake. We will get a new Oba for the people of Egbaland as soon as possible"".
Also reacting, Barr. Akanni Adenekan who held brief for Chief Fawehinmi said that they will take the case to the Appeal court within the next two weeks.
Meanwhile, the Seriki of Egbaland, Chief Lateef Adegbite has described the judgment as sound and appealed to the Lupo Mosuleka and Lelu Eringin ruling houses to accept the judgment so as not to hold the Egbas to ransom on the selection of new Alake.
He advised them to re-negotiable their inclusion in the Alake Ruling Houses immediately after the ascension of new Alake.