Former Oyo State Commissioner for Justice and Attorney General, Michael Lana, has advised the Oyo State Governor, Seyi Makinde, against approving the appointment of any of the current high chiefs and baales as the new Olubadan of Ibadanland.
In line with the ancient procedure and laid down rule and regulation, following the exit of the Olubadan of Ibadanland, Late Oba Saliu Adetunji, the next in line in the Ibadan traditional council is High Chief Lekan Balogun.
But Lana, in a letter to the governor and copied to the Oyo State Attorney General and Commissioner for Justice, claimed that approving the appointment of any of the high chiefs and baales would amount to an illegality, null and void.
In the letter dated January 3, the lawyer claimed that the Chieftaincy Declaration of 1957, which has not been set aside, forbids the elevation of an oba to the position of Olubadan.
The seat of Olubadan became vacant on January 1, 2022 following the death of Oba Saliu Adetunji, Aje Ogunguniso I, the Olubadan of Ibadanland.
However, Lana, in his letter to the governor, is advising that the governor withholds his approval of any of the high chiefs or baales from becoming the Olubadan so as not to be involved in further desecration of Ibadan Customary Chieftaincy Law.
According to the lawyer, Makinde’s predecessor, the late Abiola Ajimobi, had violated the Chieftaincy Law when he, “without thinking the legal effects of his actions on the future of Ibadan traditional institution conferred the title of Obaship on some high chiefs and baales and gave them the right to wear beaded crowns and coronets, in 2017”.
He noted that the action of the former governor was challenged up to the Court of Appeal before the matter was resolved out of court.
“Upon your Excellency’s assumption of office, it was resolved that the matter be settled amicably and the same was settled through the instrumentality of a Terms of Settlement which became the judgement of the court.
“The said Terms of Settlement, recognised the illegality of the said actions and therefore set aside the Gazettes by which the said chiefs became obas with a right to wear beaded crowns and coronets.
“These high chiefs and baales were dissatisfied with this Consent Judgement and therefore instituted two separate suits to set aside the Consent Judgement while at the same time clinging to the title of obas (which actually is in contempt of court)”, he said.
Lana further pointed to the fact that in committing this alleged aberration which changed the Ibadan chieftaincy customary law, the Olubadan Chieftaincy Declaration of 1957 was not amended and therefore remains extant.
He said: “Under that declaration and all relevant laws, no oba can ascend to the throne of Olubadan. In other words, as long as the high chiefs still cling to the title of Oba, they cannot ascend to that throne and any installation of any of them during the pendency of that suit, is illegal, null and void.”
He said in the entire history of Ibadanland, appointment of the Olubadan had never been an issue and hence, the governor should not do anything to make it so.
“It is in line with this legal situation that I advise, most humbly, that you should withhold any approval of any high chief to become the Olubadan so that you will not also join in the desecration of Ibadan Chieftaincy Customary law.
“There are only two ways to deal with this situation: one is for the high chiefs to withdraw the aforementioned cases and the other is to wait for the court to pronounce on it before any step is taken to install an Olubadan. If the court holds that they have the right to be obas and entitled to wear beaded crowns, then they are perpetually barred from becoming another oba.
“Nowhere in the customary law of any Yoruba town is an oba elevated to become another oba.
“If, on the other hand, the court holds that the Terms of Settlement stands, and their obaship title is illegal, then they are free to be elevated to the post of Olubadan.
“The ball, your Excellency, is in their court”, he said
