Ondo Chief Judge Re-assigns Obaship Court Case Challenging Eligibility 

By Joseph Sunday 

The Chief Judge of Ondo State, Justice Olusegun Odusola has re-assigned the court case challenging the eligibility of Oba Oluwole Julius Olufaderin for the throne of Jegun of Ile-Oluji, in the Ile-Oluji/Okeigbo local government area of the state.

The decision to reassign the court case followed the judgment of the Supreme Court that ordered the retrial of the suit challenging the qualification of the first-class monarch to the throne of Jegun.

Oba Olufaderin was installed as the traditional ruler of Ile-Oluji in 2018 following the demise of the former occupier of the stool. 

However, the Jimoko Ruling Family whose turn is to produce the monarch of the town dragged the monarch and kingmakers to court over his qualification as a prince from the male lineage of the Ruling House.

In the suit filed by the lawyer to the Ruling House, Otunba Olayinka Bolanle disowned the monarch as a member of the family whose turn is to produce the stool of Jegun of Ile-Oluji. 

During the initial trial, the court dismissed the suit for filing the case out of time and for the court lacked jurisdiction to hear the suit.

Displeased with the outcome of the suit, the Jimoko Ruling House asked the Court of Appeal to set aside the decision of the lower court and order a retrial.

The appellants prayed for “an order  setting aside the decision of the lower Court contained in the ruling of Hon. Justice S. A. Bola dated 15 May 2018 and substituting therefore with an order dismissing the preliminary objections of each set of the defender /respondents.”

Also, they asked for “an order remitting this case back to the Ondo State High Court with a direction that the suit be heard before any other Judge of the Court, other than Hon.Justice S. A. Bola.”

The major grouse of the appellants including Princes Akinladenu Aladegbamigbe, and Akinladenu Adekunle was the Morgan Commission of Enquiry, which explained and prescribed that it is only aspirants from the male line that is allowed and nobody from the female line is allowed to be monarch of the town.

The Court of Appeal presided over by Justices Olabisi Omoleye, Oziakpono Oho, and T. Y. Bashir in a unanimous decision held that the suit which was dismissed by an Akure High Court earlier should be reinstated into the registry of the court and assigned to another court for a fresh trial.

The judgment read on behalf of other judges by Justice Bashir, held that the trial court was wrong to have declined jurisdiction in the trial of the first-class monarch and dismissed the suit for filing the case out of time.

Justice Bashir agreed with the position of the Ruling House and returned the case file to the State High Court for retrial. The court said the case should be assigned to another judge of the state High Court for trial.

Not satisfied with the outcome of the decision of the Court of Appeal, Oba Olufaderin, Prince Ademuyiwa Ayeyemi, Chief JAA Fagbamiye, and two others asked the apex court to dismiss the decision of the Court of Appeal and uphold the nomination of the monarch.

Following the withdrawal of the appeal by the appellants and without objection from litigants, the Supreme Court presided by John Inyang Okoro, Adamu Jairo, Jummal Hanmatu Sankey, Moore Aseimo Abraham Adumen and Habbeb Abiru struck out the appeal and awarded ₦1 million cost against the appellants.