Michael Oyediran Ajibi (for Himself and on Behalf of Kubonsi Family of Itasa) V. Joseph Olaewe & Anor (2002)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A. 

This is a chieftaincy tussle, whereupon two different ruling houses nominated their respective candidates for the vacant stool of Onitile of Itasa – a town in the then Kajola Local Government Area of Oyo State, now Iwajowa Local Government. Two plaintiffs before the trial court in suit No. HSK/92/90 in the High Court of Oyo State-Saki Judicial Division – Joseph Olaewe and Joseph Ajibola Olanipekun, representing themselves and on behalf of Ilemola Ruling House of Itasa – sued Michael Oyediran Ajibi – himself and the Kubonsi Family of Itasa for the undermentioned reliefs:-

(a) Declaration that the defendant or any other member of Kubonsi family of Itasa is not by the tradition of Itasa entitled to be appointed and or installed the Onitile of Itasa.

(b) Declaration that only the family of Ilemola of Itasa is by tradition of Itasa entitled to provide the Onitile of Itasa.

(c) An injunction restraining the defendant from parading himself as the new Onitile of Itasa and from performing the functions of the Office of Onitile of Itasa.

Parties filed and exchanged pleadings.

The Itasa town was formerly referred to as Itile. The facts of the case as presented to the trial court were that Ilemola – the progenitor of the Ilemola ruling house – represented in the action by the plaintiffs came down from Oyo Oro to settle at Itasa following a chieftaincy dispute between him and his brother. He eventually became the first Onitile of Itasa. There were fifteen Onitiles after him – thirteen of them came from Ilemola family. The other two Onitiles came to rule by matter of coincidence. Olaitan Aroledolaye was made an Onitile because of his closeness to the Onitile in his lifetime. All members of Ilemola family who were eligible to the Onitile were young, when the Onitile died. He was invited to control the affairs of the town as an interim measure. The other Onitile by name was the Maye of Ayetoro, from where he was invited down”, to be installed Onitile because the people did not like Adesiyan, whose turn it was from Ilemola Ruling House. The last Onitile before the stool, became vacant in 1987, was Oyedokun Aganna Opo, who was frorn Ilemola Ruling House. It was the contention of the plaintiffs that it is only the Ilemola family of Itasa, who is entitled to provide and be installed as the Onitile. The defendant Michael Oyediran

Ajibi – on behalf of the Kubonsi family stated that there are two ruling houses in Itasa – the Ilemola and Kubonsi. The stool of Onitile was to date rotated between the two families. His family selected him, and he was presented to vie against Joseph Ajibola Olanipekun – who was candidate for Ilemola Ruling House. All the kingmakers alive then supported him. He was installed the Onitile by the entire people of Itasa on the 1st of April, 1989. Members of the Ilemola family were present at the ceremony. Following this members of Ilemola family in whose custody – the paraphernalia of office was handed over them to him. They were “Ara”, “Ida-Osa” and “Ago”.

The family celebrated the feast known as “Onje Omo Oye” for him, and this was a customary ceremony of handing over to him as the new Onitile of Itasa. His appointment as Onitile of Itasa is recognized under native law and custom though same is subject to the approval of the chieftaincy committee of the Kajola Local Government Council and recognition of the Executive Council. Meanwhile he has been called upon to perform the functions of the Onitile at local level. It was emphasised that two of the past Onitiles were not from Ilemola family – while he tendered documents as exhibits P3, P4, P5 and P6 to confirm that the Onitile Chieftaincy was rotational between the two families of Ilemola and Kubonsi. At the close of trial, the learned trial Judge in his considered judgment held in the penultimate paragraph, as follows:-

“In the result, the plaintiffs claim against the defendant succeeds in the following respects, and they are accordingly granted the following:-

(a) Declaration that the defendant or any other member of Kubonsi family of Itasa is not by the tradition of Itasa entitle to be appointed and/or installed as the Onitile ot Itasa.

(b) Declaration that only the family of Ilemola of Itasa is by tradition of Itasa entitled to provide the Onitile of Itasa.

(c) Declaration that the appointment of the defendant as the Onitile of Itasa is unlawful and it is therefore, null and void.

(d) An order of injunction restraining the defendant from parading himself as the new Onitile of Itasa and from performing the function of that office”. Vide pages 55-57 of the Record of Appeal.