An Osun State High Court, sitting in Ikire, on Monday dismissed reliefs sought by Oba Olutunde Falabi, Akire of Ikire , restraining the state government from deposing him.
Justice Rasak Abdulkareem, while delivering the judgement, said he could not grant the reliefs sought by the monarch because the processes that brought him to the throne 30 years ago was nullity.
Justice Abdulkareem said that with all the overwhelming evidences before the court, coupled with the supreme court judgement on the issue, the monarch had no legal right to occupy the stool.
The royal battle to the throne started in 1987 after the demise of the former monarch, Oba Oseni Oyegunle.
When the process of appointing a new monarch started, one of the five ruling houses, Aketula, presented a candidate, Mr Tajudeen Olanrewaju, in line with 1958 Akire of Ikire Chieftaincy declaration.
Before the process of Olanrewaju installation could be completed, two ruling houses , Ladekan and Lanbeloye went to court to challenge the inclusion of Aketula in the ruling houses.
The State High court, Ile-Ife, where the matter was instituted, stopped Olanrewaju installation as the monarch and the incumbent Oba Falabi, was installed on May 1993.
Olanrewaju went to appeal court in Ibadan, he lost and went to supreme court.
The supreme court in its judgement on April 11, 2014, affirmed that Aketula, was one of the ruling houses as indicated in 1958 Akire of Ikire Chieftaincy declaration.
The supreme court also held that in view of the fact and the evidence on record, it shows that the 1958 declaration in respect of Akire of Ikire Chieftaincy stool had not been amended or repealed.
Following the supreme court judgement, the incumbent to the throne, Oba Falabi approached State High court, Ikire, restraining the state government from deposing him because he had not committed any offence warranting his removal.
The monarch also asked the court to restrain the state governor, the Commissioner for Justice and the Commissioner for Local Government and Chieftaincy Affairs, from deposing him, while his incumbency subsist.
But Justice Abdulkareem said that Oba Falabi could not longer occupy the stool based of the 1958 Akire declaration and the rotational procedure therein.
He said by order of rotation, the process of appointing Olarenwaju, who is from Aketula ruling house, was almost completed before it was stopped by the court.
“Another compelling reason why the plaintiff, Oba Falabi have to vacate the stool is because his appointment is nullity. This is because he was not validly nominated by the ruling in turn or validated by the state government.
“Also, the supreme court is the highest court in Nigeria and its judgement is binding on all lower court and failure to do so, amount to gross insurbodination”, the judge said.
