Withhold Approval Of Any High Chief To Become Olubadan, Ex-Oyo AG Writes Makinde

Withhold Approval Of Any High Chief To Become Olubadan, Ex-Oyo AG Writes Makinde

A former Commissioner for Justice and Attorney-General of Oyo State, Michael Lana Esq, on Monday stated that no Oba can ascend the throne of the Olubadan as long as the High Chiefs still cling to the title of Oba, and any installation of any of them during the pendency of the existing suit is illegal, null and void. 

He advised the governor to withhold any approval of any High Chief to become the Olubadan so that he will not become a party to the desecration of Ibadan Chieftaincy Customary Law, reiterating that the former governor in the state did not take the situation into consideration before embarking on the journey of illegality. 

Lana made this assertion in a letter dated January 3, 2022, sent to the governor of Oyo State, Mr Seyi Makinde, noting that in the entire history of Ibadanland, such a situation where the legality or otherwise of the installation of the Olubadan would be an issue has never occurred. 

“Ibadan Chieftaincy elevation had always been smooth and without any rancor to the envy of other towns. 

“There are only two ways to deal with this situation: one is for the High Chiefs to withdraw the cases and the other is to wait for the court to pronounce on it before any step is taken to install an Olubadan. 

“If the court holds that they have the right to be Obas and wear beaded crowns, they are perpetually barred from becoming another Oba. Nowhere in the customary law of any Yoruba town is an Oba elevated to become another Oba. 

“If on the other hand, the court holds that the Terms of Settlement stands and their obaship title is illegal, then, they are free to be elevated to the post of Olubadan,” he stated. 

Lana had pointed the governor’s attention to the fact that there are some cases pending on the matter before courts of competent jurisdiction that can lead to illegality and traditional aberration if any High Chief is installed as Olubadan. 

He said, “May I humbly draw your attention to a traditional aberration and illegality that may occur in an attempt to install another Olubadan of Ibadanland in view of the existence of suit No I/22/2020 HRM Oba (Senator) Lekan Balogun and ORS V Governor of Oyo State & ORS.

“Your predecessor, without thinking of the legal effects of his actions on the future of Ibadan traditional institution, conferred the title of Obaship on some High Chiefs and Baales and gave them the right to wear beaded crowns and coronets. 

“This action was challenged in a Suit No M317/2017 High Chief Rashidi Ladoja V Governor of Oyo State. The High Court per Aiki J, nullified the said conferment which was actually a total contravention of both the Chiefs Law and the Ibadan Chieftaincy customary law. 

“However, the Court of Appeal in Appeal No CA/ IB/99/2018 set aside the said judgment of Aiki J on technical grounds without touching on the merit of the case and sent the case back for retrial.” 

He noted that the Terms of Settlement which settled the issue amicably when Governor Makinde assumed office recognised the illegality of the said actions and therefore set aside the gazettes by which the said chiefs became Obas with a right to wear beaded crowns and coronets. 

Lana explained that the act of clinging to the title of Obas on the part of the High Chiefs and Baales after the consent judgement is an act tantamount to contempt of court, emphasising that in committing the aberration which changed the Ibadan Chieftaincy Customary law, the former governor did not amend the Olubadan Chieftaincy Declaration of 1957 and it therefore remains extant. 

He reiterated that the High Chiefs and Baales are the ones that filed the suit pending before the court due to their dissatisfaction with the consent judgement; “the High Chiefs and Baales were dissatisfied with this consent and therefore instituted two separate suits to set aside the consent judgment while at the same time clinging to the title of Obas.” 

According to him, one of the cases filed by the High Chiefs is Suit No I/22/2020 HRM Oba (Senator) Lekan Balogun and ORS V Governor of Oyo State and ORS, and until they are dispensed with in court, installing anyone as Olubadan will constitute an illegality.