Michael Lana, the former Oyo State Commissioner for Justice and Attorney General, has advised Oyo State Governor Seyi Makinde not to approve the appointment of any of the current high chiefs and baales as the new Olubadan of Ibadanland.
Following the departure of the Olubadan of Ibadanland, Late Oba Saliu Adetunji, the next in line in the Ibadan traditional council is High Chief Lekan Balogun, in accordance with the ancient procedure and laid down rule and regulation.
However, Lana said in a letter to the governor, which was also copied to the Oyo State Attorney General and Commissioner for Justice, that allowing the appointment of any of the high chiefs and baales would be unconstitutional and void.
The lawyer said in a letter dated January 3 that the Chieftaincy Declaration of 1957, which has not been overturned, prohibits an oba from being elevated to the office of Olubadan.
Following the death of Oba Saliu Adetunji, Aje Ogunguniso I, the Olubadan of Ibadanland, the seat of Olubadan fell vacant on January 1, 2022.
Lana, on the other hand, advises the governor to withhold his approval of any of the high chiefs or baales seeking to become the Olubadan in order to avoid further degradation of the Ibadan Customary Chieftaincy Law.
Makinde’s predecessor, the late Abiola Ajimobi, had, according to the lawyer, broken 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 pointed out that the prior governor’s actions were contested all the way to the Court of Appeal before being settled 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 out that the Olubadan Chieftaincy Declaration of 1957 was not revised in the claimed aberration that changed Ibadan chieftaincy customary law, and so remains in effect.
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 claimed that the nomination of the Olubadan had never been a problem in Ibadanland’s history, and that the governor should not do anything to change that.
“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
