Thirteen years after his coronation as Osemawe of Ondoland, the Court of Appeal, Benin Judicial Division has nullified the selection and appointment of Oba Festus Ibidapo Adesanoye as the paramount ruler of the ancient land.
In a lead judgement delivered by Justice Muhammad Saifullahi Minutaka-Coomassie, the appeal court held that Oba Adesanoye “is not qualified to be appointed Osemawe of Ondo under the 1958 Ondo Chieftaincy Declaration. His appointment as such is therefore wrong, null and void and of no effect.”
The lead judgement which was agreed with by the other two justices of the appeal court, Justices Patrick Ibe Amaizu and Amina Adamu Augie respectively upheld the appeal of Prince Francis Gbadebo Adewole who contested the selection, appointment and the coronation of Oba Adesanoye on the grounds that he (Oba Adesanoye) “is not qualified under the 1958 declaration to be appointed Osemawe of Ondo,” stating that “this declaration is applicable in the suit instituted by the appellant at the time when the cause of action arose by the death of Oba Robert Itiade Adekolurejo on August 21, 1991.”
Prince Francis Adewole had challenged the judgement of the Ondo State high court of January 14, 2002, wherein the appellant, Prince Adewole among other things prayed the lower court for a “declaration that the purported approval of the first defendant (Oba Adesanoye) as Osemawe of Ondo published in the Official Gazette, Chiefs Edict No, 11 of 1984 dated October, 1991 is ultra vires, void and of no effect whatsoever.”
And that “the purported appointment of the first defendant as Osemawe of Ondo is contrary to the custom appertaining to the chieftaincy is void and of no effect.”
The trial court in its judgement ruled in favour of the respondents, while dismissing all the claims of the plaintiff, now appellant in the appellate court. Joined as respondents in the appeal were three Ondo kingmakers and high chiefs, W. Ogunye, B. Akingbule and S.N. Agunbiade together with the Attorney-General of Ondo State.
At the court of appeal,
the appellant set out 22 points for determination by the court, chiefly among which were that “the learned trial judge erred in law in according that if the 1958 chieftaincy declaration did not apply, Exhibit O must apply and thereby came to a wrong conclusion.
lThe learned trial judge erred in law when he found that the procedure for screening the candidates was substantially flawed and thereby came to a wrong conclusion.
lThat the learned trial judge’s decision that the first defendant is qualified to be Osemawe of Ondo runs contrary to all the evidence of custom adducted by the parties and that the judgement (lower court) is against the weight of evidence.”
The justices of the court of appeal decided their judgement based on over-all four points established by the appellant's case viz: “whether or not the learned trial judge was right in declaring the 1958 Ondo chieftaincy declaration, null and void for the reasons given by him the judgement.
lWhether or not the learned trial judge was right in concluding that the first defendant was validly selected by the kingmakers on the 11th October 1991.
lWhether or not the learned trial judge was right in holding that the 1st defendant was validly appointed by the executive council or military governor on 16th October, 1991.
lWhether or not the learned trial judge was right in holding that the kingmakers substantially complied with the provision of the chiefs law 1984 as amended with regards to their meeting held on 11th October 1991.”
In deciding their judgement, the court of appeal submitted that “one thing is clear that the evidence before the lower court does not provide the registration date” of the 1984 declaration under which Adesanoye was appointed as the Oba of Ondo.
It stated further that the declaration of the trial court “obviously cannot correctly be used to declare the Ondo chieftaincy declaration 1958 null and void, having in mind the undisputed fact that the appellant had instituted his action on 14th October, 1991. The applicable law therefore is the 1958 Ondo chieftaincy declaration.”
To this end, the court held “the appointment of any Osemawe therefore must be made within the four corners of 1958 Ondo chieftaincy declaration.
If held further that “the judgement 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 amendments in 1991 was to the effect that no great grandson ever appointed Osemawe of Ondo and no female member could be so appointed even if she comes from male line of Osemawe.”
The court which granted N5,000 as cost in favour of the appellant also concluded that, “I hold therefore that first respondent herein is not qualified to be appointed Osemawe of Ondo under 1958 Ondo chieftaincy declaration. His appointment as such is therefore wrong, null and void, and of no effect.”
