Attorney-general, Kwara State & Anor V. Chief Joshua Alao & Anor
LawGlobal-Hub Lead Judgment Report
AMAIZU, J.C.A.
This is an appeal against the judgment of Gbadeyan J., of the Kwara State High Court, sitting at the Ilorin Division. The judgment was delivered on the 24th day of November, 1985.
Briefly, the facts of the case are as follows:-
There was a long drawn dispute over succession to the vacant stool of Bale of Oke-Oyi in Kwara State. There were series of law suits between Chief Joshua Alao, now, the 1st respondent and, Mallam Gbadamosi Akano. The dispute went to the Supreme Court.
It seems that after the Supreme Court’s decision in the suit, Joshua Alao v. Gbadamosi Akano (1988) 1 NSCC 329; (1988) 1 NWLR (Pt.71) 431, Mallam Gbadamosi Akano was turbaned the Bale of Oke-Oyi. His, however was a very short reign. He died on the 17th of June of that year.
His death re-opened the struggle for the stool of Bale of Oke-Oyi. This time, it was between the 1st respondent and Chief Alfa Issa Akano, the son of Mallam Gbadamosi Akano. He is now the 2nd respondent. Both the 1st and 2nd respondents claimed that they were appointed by the kingmakers of Oke-Oyi.
Following the conflicting claims, the then Government of Kwara State appointed an administrative panel headed by M. F. Oye to look into the claims. The panel took evidence of the parties and their supporters/witnesses and thereafter compiled its report.
His Honour, Prince Ojo Fadumile, the State Deputy Governor, in a letter No.MLG/S/CHI/GEN 320/S.4/340 of 27/9/93, Exhibit 1 addressed both to the Chairman, Ilorin East Local Government, Oke-Oyi and the Secretary Ilorin Emirate Council, Ilorin, stated as follows:-
“Appointment of Oluo (Bale) of Oke Oyi.
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- Based on the report of the panel and the Government White Paper on the report, the Kwara State Government, after seeking legal advice hereby approves the appointment of Mr. Joshua Alao and not Joshua Akano as the Olu (Bale) of Oke Oyi with effect from 1st September, 1993 with full rights and privileges attached to the stool.
Sgd.Prince Ojo Fadumile
Deputy Governor
Kwara State”.
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