A Court of Appeal in Ibadan has affirmed lower court’s pronouncement of Akano Ruling House as the legal occupant of Maye of Ago-Amodu Chieftaincy Family in Saki area of Oyo state.
Justice A.B Mohammed,who read the lead judgement,dismissed the request of the five appellants,saying their brief of arguments because they are frivolous.
He also awarded the cost of N100,000 against the appellants.
He said:”In view of that,I affirmed the verdict of lower court delivered on 2011 and awarded N100,000 against the appellants”.
Prince Ademola Adeleke,on behalf of the Olanipekun Ruling House of the Mate of Ago Amodu Chieftaincy Family,had in 2006,dragged Paul Afolabi Okanlawon ,Oba Lawal Adebowale Alao(The Alamodu of Ago Amodu)and the Chieftaincy Committee of Saki East Local Government Council to Saki High Court in Oyo over some infractions in the Maye Stool.
Other defendants in the suit marked,HSK/25/2006,included Saki East Local Government Council and the Commissioner for Local Government and Chieftaincy Matters,Oyo state.
Adeleke,in his statement of claim,prayed the court that the first defendant nor being a member of the Olanipekun Akani Ruling House of the Maye of Ago Amodu Chiet Family or any other ruling house of the same chieftaincy,is not entitled to be nominates,selected and appointed to fill the vacant Maye of Ago Amodu Chieftaincy Stool.
He also wanted a declaration that the purported nomination of the first defendant in May 2006 to fill the vacant Maye of Ago Amodu Chieftaincy stool is illegal,unconstitutional, null and void.
He also prayed for an order of perpetual injunction restraining the fifth defendants from installing and recognising the first defendant as the holder of the title of the Maye of Ago Amodu Chieftaincy.
He further prayed for an order directing that a fresh nomination exercise affected by the Akano Ruling House of the Maye of Ago Amodu Chieftaincy family in respect of the vacant stool.
In his verdict,Justice Mashud .A.A Abass of Saki High Court,declared that the filling of the traditional chieftaincy of the Maye of Ago -Amodu is the exclusive preserve of male persons from Olanw Akano Ruling House of the Maye of Ago-Amodu Chieftaincy family.
“It is declared that the first defendant nor being a member of the Olanit Akano Ruling House of the Maye of Ago-Amodu Chieftaincy family,Ago Amodu,is not entitled to be nominated,selected and appointed to fill the vacant stool of Ago-Amodu.The purported nomination of the first defendant in May,2005 to fill the vacant stool of Maye of Ago Amodu,is illegal,unconstitutional, null and void” he held.
Dissatisfied with the lower court’s verdict,the defendants approached the appellate court in Ibadan with eight grounds of appeal.
They claimed that the lower court erred in law when it assumed jurisdiction to entertain the suit it lacks the muscle to do so.
The claimant, they said, didn’t exhaust internal remedy provided in the statute before instituting the suit.
They also claimed that the trial court erred in law to have made declarations of customary law relating to the nomination, selection and appointment of persons as Maye of Ago -Amodu and the error occasioned a substantial miscarriage of justice.
After reviewing the facts of the matter,the appellate court judges agreed that the prayers of the appellants were frivolous
Counsel to the claimant,Barrister Bayo Toluwalase,commended the judiciary for the verdict inspite of the long years the matter linger in court.
He added that the appellate court’s verdict represents hope for the Olanipekun Akano ruling house to mount the stool as well as a formidable voice for the voiceless in Nigeria.
Prince Ademola Adeleke,representative of the claimant,expressed satisfaction with the verdict of the upper court,saying it offer
He appealed to other ruling house to see the victory for all and sundry, as well as opportunity to mend fences with a view to solidifying the Maye Stool
He told PremiumNews:”This victory is a victory for all and sundry.Having stayed in courts for over 15years and eventual delivery of judgment by an upper court, I think this is the period to again see ourselves as one and indissoluble family and work toward building the Maye stool on the crest of love,understanding and unity of purpose”
