Rules Deji has no consenting authority over Isinkan
By Dayo Johnson
AKURE: An Ondo State High Court sitting in Akure has dismissed a suit filed by the Deji of Akure, Oba Aladetoyinbo Aladelusi, challenging the recognition of Oba Oluwagbemiga Olofin-Adimula Arulewolasi III as the Iralepo of Isinkan.
Delivering judgment in Suit No. AK/434/2022 on Monday, Justice Sunday Olorundahunsi upheld the authority of the Ondo State Executive Council to upgrade and recognise traditional chieftaincies without the consent of another monarch.
The court held that the Executive Council had the power to elevate a minor chieftaincy to a recognised status, as it did in the case of the Iralepo of Isinkan.
The Deji, through his counsel, S.O. Adedeko, had argued that he was the consenting authority for the installation and recognition of traditional rulers in Akure South Local Government Area, including the Iralepo. He relied on an earlier Court of Appeal decision in support of his position.
However, the Iralepo, represented by Chief Olusola Ebiseni, argued that the applicable chieftaincy declaration did not confer such authority on the Deji.
He maintained that the Isinkan chieftaincy predated that of Akure and that Isinkan had a distinct identity and territorial boundaries.
The Ondo State Government, represented by F.S. Akinnibosun, also defended its statutory authority to recognise and promote traditional rulers, arguing that such powers could not be transferred to another monarch without legal backing.
In his judgment, Justice Olorundahunsi upheld the Executive Council’s decision, which followed the findings of the Justice Ajama Commission of Inquiry. The commission had recommended recognition for the Iralepo of Isinkan and the Osolo of Isolo.
The judge held that the decision was consistent with an earlier Court of Appeal judgment directing the affected communities to return to the Executive Council, which had initially denied them recognition, rather than seek recognition directly from the court.
He also upheld the government’s authority to establish the Ajama Commission, noting that the Iralepo’s submission of memoranda was in compliance with the appellate court’s directive.
The court further upheld the defendants’ counterclaim, affirming the recognised status of the Iralepo and his claim concerning Isinkan territory.
In reaching its decision on the territorial issue, the court relied on documentary evidence, including a judgment of the Akure Native Court presided over by Deji Ademuwagun Adesida. The judgment recognised Isinkan’s territorial claim extending from Imogun to the Aponmu/Owena Rivers.
Justice Olorundahunsi ruled that Isinkan and Isolo were autonomous communities and that no law conferred on the Deji the authority to consent to the recognition of their traditional rulers.
He added that a court could not confer on an individual a power that was not provided for by law.
Consequently, the court restrained the Deji, his agents, chiefs and anyone acting on his behalf from interfering in the affairs of the Iralepo or dealing with the disputed land in Isinkan.
The court dismissed the Deji’s claims and upheld the counterclaims of the defendants, including the Ondo State Government and the Iralepo.
Reacting to the judgment, Oba Olofin-Adimula described the ruling as an affirmation of the customary law governing the Iralepo stool and the territorial identity of Isinkan.
“This court has demonstrated courage in affirming the age-long customary law of the Iralepo chieftaincy and the territory of Isinkan in relation to the Deji and Akure. Isinkan asks no more than to be allowed to wear our ancient crown and live happily on our God-given land,” he said.
The judgment marks a significant development in the longstanding chieftaincy and territorial dispute between Isinkan and the Deji of Akure.
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