Olu Orile Kemta Secures Judgement Against Ogboni Traditional Council 

Mary Nnah
 
Oba Adetokunbo Tejuosho the Olu Orile Kemta in Odeda Local Government of Ogun State has secured a landslide judgment against the Ogboni Traditinal Council in Abeokuta Ogun State on the unlawful and illegal installation of one Mr Hakeem Ayinde as Baale within his domain.
The presiding judge of the High Court 2 Kobape Abeokuta Ogun State, Hon Justice Olanrewaju Mabekoje delivered the judgment on Tuesday the 11th  day of July 2023.

On the 19th day of April 2022, the Ogbonis led by Oluwo Abayomi Rotimi who is also the Baaye of Egba and Lukotun Tosin Fadare who is also the Seriki of Egba illegally and unlawfully installed one Mr Hakeem Ayinde Tejuosho as Baale  Orile Kemta in their shrine situated somewhere in kobiti Abeokuta for some inexplicable reason.

A move that Kabiyesi Oba Adetokunbo Tejuosho challenged in court by dragging them (the ile ogboni and all parties involved ) before the court of competent jurisdiction and filled a suit against them in suit No AB/299/2022 (HRM OBA ADETOKUNBO TEJUOSHO & Chief Ojewunmi Falolu, Chief Abayomi Rotimi, Chief Tosin Fadare and others). Seeking that the court should declare their action illegal and the installation of their Baale noil and void. Kabiyesi Olu Orile Kemta also demanded a N5, 000,000 (Five Million Naira Only) for the cost of action against all the defendants.

When they realized that Kabiyesi Oba Adetokunbo Tejuosho (Olu Orile Kemta) has approached the court to challenge them legally, they horridly ran to the Alake of Egba Oba Adedotun Aremu Gbadebo on the 18th day of May 2022 and secured a backdated certificate of recognition fraudulently for Mr Hakeem. This situation made the legal luminary team of Oba Adetokunbo Tejuosho led by Dr Oladimeji Hassan Balogun of Swiss Attorneys Chambers amend the Originating summons and joined the latter in the legal suit.

The amended Originating summons filled on the 11th day of October 2022 before the court was for several determinations.

Whether the first to sixth and 8 defendants possess the power to install the 7 defendants or anyone as Baale or whatsoever may be called
 
 Whether the installation of the 7 defendants as a customary chief (Baale) on the 19th day of April 2022 at the Ile Ogboni Kemta Kobiti, Abeokuta Ogun State or on the 18th day of May 2022 at the Alake’s Palace Abeokuta Ogun State. Or at any other place whatsoever within Oba Adetokunbo Tejuosho’s administrative territory/ jurisdiction does not conflict and or usurp the statutory and customary power/authority conferred on Oba Adetokunbo Tejuosho The Olu Orile Kemta by the Oba’s and Chief’s law of Ogun State as well as the recognized rules of native law and custom applicable in Orile Kemta community.

Whether the ninth defendant (Odeda Local Government) can validly recognise the illegal Baale who is the seventh defendant in the person of Hakeem Ayinde Tejuosho and issue a certificate of recognition to that effect.

Based on the aforementioned, Oba Adetokunbo Tejuosho sought several reliefs against all the defendants before the honourable court, as follows: 

A declaration that having regards to the provisions of the Oba’s and Chief’s law of Ogun State, the first to sixth defendants and /or the eight defendants cannot validly install the seventh defendants or anyone as a customary chief (Baale) or whatsoever called at Orile Kemta.

A declaration that the installation of Mr Hakeem Ayinde is unlawful, illegal, invalid and void.
A declaration that the ninth defendant (Odeda local government) cannot validly recognize Mr Hakeem Ayinde and /or issue a certificate of Recognition to that effect.

A perpetual injunction restraining Mr Hakeem Ayinde from parading himself as Baale within the domain/ territory of Oba Adetokunbo Tejuosho
A perpetual injunction restraining the first to sixth defendants (ile ogboni) and /or the eight defendants (Oba Adedotun Aremu Gbadebo The Alake of Egba) from further act relating to the appointment of any other person/s as Baale or whatsoever it is called within Orile Kemta, the domain/territory of Oba Adetokunbo Tejuosho.

A request of N5,000,000 (Five Million Naira Only) for the cost of damages on the suit.
Supported with a twenty-one paragraphs affidavit and a further twenty-six paragraphs affidavit, Oba Adetokunbo Tejuosho claimed that ever since he was appointed the King Over his people in Orile Kemta he has been discharging his customary and statutory duties over the entire Orile Kemta without disturbance, indignation or resentment of any magnitude, until the Ognbonis led by Oluwo Abayomi Rotimi decided to scuffle the sovereignty and peaceful existence of the people of Orile Kemta arrogating and exhibiting a power they do not possess to themselves as they are not known to the law, by undermining the supreme authority of Oba Adetokunbo Tejuosho who is duly vested with the sole responsibility of supervision and control.

Kabiyesi stated that despite his several warnings and admonitions, these ogbonis (defendants) installed the so-called Hakeem Ayinde as Balee. Flagrantly ignoring the embargo placed on them the (Ogbonis) in 2017 by the Ogun State government through a notice from the Ministry of Local Government and chieftaincy affairs Ogun State via embargo notice CHM.10/268T/36.
This embargo stated clearly that the government of Ogun State has noted the needless interference of the Ogbonis in the selection of Baales within the state, and further expressed that they (Ogboni) have no business in the selection of Baales. It informed them that their actions are contrary to the law’s provisions.

In their response, the defendants filed a forty-eight paragraphs counter affidavit but instead of them and their lawyers proving their case with valid legal intricacies to a logical point, they began to deviate from the cause of the reason the suit was instituted. As contained in their affidavit, they presented several frivolous exhibits about when the claimant had issues with his estranged wife, they had no legal documents to back their unruly actions, instead, they were presenting evidence of how the former Olori came to fight in the palace.

Part of their frivolous defence was that of Dr Pearl Ogbulu (Erelu Okin)’s installation where there was a distribution of PMS substance (Premium Motor Spirit) and several other unfounded submissions.

Having paid keen attention to both arguments of the proceedings. The honourable Judge of the court, Justice Olanrewaju Mabekoje in his judgment delivered on the 11th day of July 2023 stated that he has carefully considered the evidence before him from both the claimant (Oba Adetokunbo Tejuosho) and that of defendants (Ogbonis) through their legal representatives.

Justice Mabekoje noted that the Ogbonis have submitted evidence different from the issues for determination before the court in their written address, the judge educated them that they are bound by issues submitted for determination. He (Justice Mabekoje) stated clearly that the determination of the case before the court will therefore be premised on the issues submitted for attention.

The Judge affirmed that Kabiyesi Oba Adetokunbo Tejuosho possesses the authority over his people and domain as confirmed by the provisions of the law. He took all adequate judicial notice which enabled him to pronounce the installation of Mr Hakeem Ayinde (the illegally installed Baale) as null, void and of no effect.

The judge went further delivering his judgment as contained in the copy with suit No: AB /299/2022 which was made available to our correspondent at the press time. In the said judgment, the unlawfully installed Baale in the person of Mr Hakeem Ayinde was declared removed as well as the revocation of his status as Baale, Likewise, his position as Balee Orile Kemta was pronounced illegal, unlawful null and void.

A perpetual injunction restraining the illegal Baale (Mr Hakeem Ayinde) from parading himself as Baale in Orile Kemta Odeda Local Government Area of Ogun State within the territory of (Oba Adetokunbo Tejuosho the Olu Orile Kemta).

A perpetual injunction was pronounced on Oluwo Abayomi Rotimi (Baaye Egba), Lukotun Tosin Fadare (Seriki Egba ) as well as all the  Ogbonis and their cronies, to desist from further installing anyone as Baale or whatsoever been called in Orile Kemta in Odeda Local Government of Ogun State,  within Oba Adetokunbo Tejuosho (Olu Orile Kemta)’s statutory territory.

A perpetual injunction restraining Oba Adedotun Aremu Gbadebo (The Alake Egba) from further appointing or installing anyone as Baale or whatsoever it’s been called in Orile Kemta in Odeda Local Government of Ogun State, within Oba Adetokunbo Tejuosho (Olu Orile Kemta)’s statutory territory.

An interminable declaration that the Odeda Local government of Ogun State, cannot validly recognize the person of Mr Hakeem Ayinde  (the illegal Baale ) or any other person or persons as Baale in Orile Kemta and issue any certificate of recognition to such effect, within Oba Adetokunbo Tejuosho (Olu Orile Kemta)’s statutory territory.

A declaration restraining Oluwo Abayomi Rotimi (Baaye Egba), Lukotun Tosin Fadare (Seriki Egba) and all other Ogbonis, their cronies as well as their agents, from further encroaching or infringing on the statutory territorial domain of Oba Adetokunbo Tejuosho the Olu Orile Kemta, in other to limit or undermine his statutory authority in Orile Kemta, Odeda Local Government of Ogun State, within Oba’s statutory territory.

In his judgment, Hon. Justice Olanrewaju Mabekoje of the Ogun State High Court sitting in Kobape Abeokuta, also granted the prayer of the claimant and awarded a cost for the claimant against all the defendants.