Court Strikes Out Case Seeking Oyo Monarch’s Removal

Eight years after his coronation, an Oyo State High Court in Ibadan struck out a suit seeking the removal of Olugbon of Orile-Igbon, Oba Francis Olushola Alao, as traditional ruler.

Justice K.A. Adedokun struck out the suit on Monday due to a lack of jurisdiction.

Four members of the Akinbola family approached the court in 2017, shortly after Oba Alao’s coronation, to contest his selection, appointment, and approval as Olugbon of Orile-Igbon.

The claimants in the suit were Akintayo Charles Akintola (for himself and on behalf of members of the Akintola Akinbola section), Mrs. Olu Oyelade (for herself and on behalf of members of Ojediran Akinbola section), Mr Ladiran Olaniyi (for himself and on behalf of members of Olaniyi Akinbola section), and Dr. (Mrs) Olajoke Bolade (for herself and on behalf of members of Abioye Akintaro Akinbola section).

Governor of  Oyo State, Attorney General of Oyo State, Commissioner for Chieftaincy and Local Government Matters, Secretary, Surulere Local Government; Chief Ajani Awotoro (Jagun Olugbon and Chairman, Orile Igbon Chieftaincy Kingmaker), Oba Olushola Alao, Mr George Okunola Olayinka (Mogaji Akinbola Family) and Prince John Oyewo Oyelade were first to eighth defendants in the suit.

In the amended writ of summons filed by their counsel, Barr Abiodun Abdu-Raheem, the claimants, among others, sought a declaration that upon the turn of the Akinbola family to produce and/or fill the vacant stool of Olugbon of Orile-Igbon, only direct descendants from the male lineage out of the five sections of Akinbola family, i.e. Akintola Akinbola, Olayinka Akinbola, Oyediran Akinbola, Abioye Akintaro Akinbola and Olaniyi Akinbola are eligible to be selected, nominated and presented for the appointment of Olugbon of Orile-Igbon.

In his judgement, Justice Adedokun held that the court lacked the jurisdiction to entertain the suit because the claimants lacked the locus standi to institute the case.

He also held that Surulere Local Government Area, which has the authority to commence the selection process and approve Olugbon’s appointment, was not a defendant in the suit.

He said rather than sue the local government, the claimants sued the secretary of the local government, who was not a juristic person.

“A non-existent person cannot sue or be sued because it is not a legal entity. The fourth defendant, Secretary Surulere of the local government, is not juristic.  Surulere Local Government is a necessary party to the suit because it has statutory power in Olugbon’s selection process. The presence of the local government is necessary for adjudicating an effective suit. Having failed to sue the local government, the court cannot make an order against it,” he said.