Ondo Stool: Kingmakers Appeal Osemawe's Removal
Ondo
By Abimbola Akosile
Osemawe in Council, OndoLand's highest decision-making body, has appealed the July 16th Court of Appeal Benin judgment, wherein Oba Festus Ibidapo Adesanoye, Osemawe of Ondo was removed from the throne, and his 1991 appointment declared wrong, null, void and of no effect.
The Council, represented by five counsel, Chief F.O Akinrele, SAN, Chief Gani Fawehinmi, SAN, Mr. Tayo Oyetibo, SAN, and two others, have, in addition to the notice of appeal dated August 20th, filed a motion for stay of execution of the judgment of the Court of Appeal, pending the hearing and determination of the appeal by the Supreme Court.
Court of Appeal, Benin Judicial Division, had on July 16th, voided the appointment of Oba Adesanoye, thirteen years after his choice and appointment to the Ondo throne, following an appeal instituted by an Ondo prince against his appointment.
The decision, made by Justice Muhammad Muntaka-Coomassie, JCA alongside Justices Patrick Ibe Amaizu and Amina Adamu Augie, declared that Oba Adesanoye, 1st respondent, was not qualified to be appointed Osemawe of Ondo under the 1958 Ondo Chieftaincy Declaration; and that the Oba's appointment was accordingly wrong, null, and void and of no effect; with a five thousand naira cost awarded in the appellant's favour.
In a statement issued by Chief Gani Fawehinmi on Monday, August 23, on behalf of Oba Adesanoye and High Chief Olabanji Akingbule (Odunwo of Ondo Land), the council had withdrawn their earlier instructions to Chief A. Akanle, SAN, who handled their matter at the Appellate Court, and insisted that no order was made in the Court of Appeal judgment deposing the Osemawe.
In a motion on notice with file No. CA/B/145/2002, which has no fixed date for hearing, both Oba Adesanoye and Chief Akingbule (appellants/applicants) had sought court order granting a stay of execution of the judgment of the Court of Appeal delivered on July 16, pending the hearing and determination of the appeal filed by the applicants against the said judgment.
Alternatively, they had sought an order that all parties in the suit maintain the status quo as at July 15th in respect of the chieftaincy stool of Osemawe of Ondo pending the hearing of the appeal against the judgment; and another order suspending the operation or effect of the judgment of the Appeal Court pending the hearing and determination of the appeal filed by the Oba against the judgment.
While seeking an injunction restraining Prince Gbadebo Adewole (1st respondent) from taking further steps towards his succession to the Osemawe stool pending the hearing and determination of the appeal.
The appeal filed at Supreme Court had six grounds. These included claims that the Benin Court of Appeal erred in law in holding that the Osemawe of Ondo Chieftaincy Declaration 1958 was still applicable to the appointment of the 1st appellant notwithstanding the Chieftaincy Declaration Order 1991; that the court erred in law applying the stipulation contained in Section 6(2) of the Chiefs Edict 1984 to the Osemawe of Ondo declaration Order 1991.
To the Council, the Court of Appeal erred in law in holding that the Declaration Order of 1991 cannot repeal that of 1958; that the 1958 Declaration need not be specifically pleaded and is sufficient to say that the purported appointment of 1st appellant was not in accordance with the 1958 Declaration.
Other grounds included, that any Chiefs Law or Chieftaincy Declaration cannot be valid and proper if it contains retrospectivity; and that the Court of Appeal erred in law in holding that plaintiff's right vested before Declaration Order 1991. The applicants sought orders allowing the new appeal, setting aside the Appeal Court judgment; and striking out or dismissing the 1st respondent's action as the case may be.
In a 16-paragraph affidavit-in-support of motion deposed to be Chief Akungbule himself, applicant claimed the grounds of appeal raised substantial, serious, and arguable issues of law for the determination of the Supreme Court on the matter; that the issues raised also involve fundamental constitutional issues which shall be canvassed at the higher Court.
He claimed the Res in the matter was the stool of Osemawe of Ondo Land, that the delicate nature of the Res calls for maintaining status quo as at July 15th until final determination of the appeal at the Supreme Court in the interest of order, peace and stability for the people of Ondo and its environs; and that Prince Adewole (1st respondent) was already taking serious steps in pressurising the kingmakers to name him as the duly elected candidate for the stool of Osemawe, with such steps capable of causing chaos in Ondo Land.
Prince Francis Gbadebo Adewole in the appeal against the Osemawe, High Chiefs W. Ogunye, B. Akingbule, S.N. Agunbiade, and Attorney-General of Ondo State, had sought the higher court's determination on four issues, beside setting aside an earlier ruling of a lower court in the matter.
These issues included, whether or not the trial judge, Justice Coram Obaremo of the Ondo State High Court, was right in declaring the 1958 Ondo Chieftaincy Declaration, null and void for the reasons given by him in his judgment; whether the judge was right in concluding that the 1st defendant was validly selected by the king-makers on October, 1991.
His grounds was that Oba Adesanoye, being a great grandson of a previous title holder was not qualified by custom to be appointed Osemawe of Ondo, and that approval given by the Military Governor for the 1st defendant's appointment was null and void as it ran contrary to the customary law pertaining the filling of Osemawe of Ondo.
In the appeal court's judgment, Justice Coomassie had ruled, "the judgment of the lower court is wrong and perverse same is hereby set aside. The Osemawe chieftaincy shall not be taken lightly. The true custom before the so-called amendment in 1991 was to the effect that no great grandson ever appointed Osemawe and no female member could be so appointed even if she comes from male line of Osemawes".
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