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The traditional ruler of the Ijeru kingdom in Ogbomoso South Local Government of Oyo State, Oba Sunday Oladapo Oyediran has refuted the claim of being deposed by an Oyo State High Court.
Oba Oyediran, the Lagbami Osekun III described the purported removal from the throne as hoax.
An Oyo State High Court had on Friday declared that, the Onpetu of Ijeru should desist from parading himself henceforth.
Reacting to the declaration, Oba Oyediran explained that, the case adjudicated by Hon. Justice K.A Adedokun did not involve him rather, it was a case instituted by Chief Adeleke Lawal, the Baale Ijeru until 1998 and his immediate predecessor, Oba Yusufu Abidoye Mobolade, the then Military Governor of Oyo State and the then Attorney General and Commissioner for Justice, Oyo state.
He said, the judgment was delivered in favour of the claimant on April 21, 1987 by Hon. Justice T.A.A Ayorinde of Oyo State High Court Ogbomoso Division.
Not satisfied with the judgment, Oba Mobolade appealed to the Court of Appeal, Ibadan in the suit CA/IB/96/88.
The monarch further stressed that, all necessary processes completed waiting for adoption of processes filed, before both the appellant and respondent died.
According to him, “On February 13, 1999, Chief Akin Olujimi SAN, appearing for the respondent moved the Court of Appeal to the fact that both the appellant and the respondent are dead being chieftaincy matter that the appeal be determined.
“In the court ruling by Hon. Justice M.O Onalaja J.C.A, we quote: “from the briefs, the issues before the Court of Appeal is a chieftaincy matter. We are of the view following decided authorities of the Supreme Court and this court that chieftaincy matter is personal action, and does not survive the death of the parties.
“More also when the action was not instituted in a representative capacity based on Oyeyemi vs Commissioner for Local Government of Kwara state 1992 NWLRT270 page 462, SC Chief RITWHITE and 5 ORS. Chief Gordon Borbon JOW YOUNG JACK 1996 2 NWLRT43, page 467 CA, we therefore strike out this appeal being personal action it does not survive the estate. We make no order of costs”.
“Consequently, since a litigant is bound by the words and actions of his lawyer, if Chief Popoola Olaniyi Elijah (the third successor to the original plaintiff, Chief Adeleke Lawal), is dissatisfied with the decision of the Court of Appeal, the next place for him to go is the Supreme Court, not Oyo State High Court.
“In view of the above submission, suit HOG/24/21 between Chief Popoola Olaniyi Elijah (for himself and on behalf of the other members of the Ijeru Chieftaincy Family of Ogbomoso) and Chief Sunday Oyediran Oladapo (for himself and other members of the Onpetu Chieftaincy Family of Ogbomoso and others), upon which the purported deposition of Oba Sunday Oyediran (not Chief Sunday Oyediran Oladapo sued by the claimant) is based, is not supposed to be entertained by Hon. Justice K.A Adedokun in the first instance.
“However, since in his wisdom he decided to review and reverse a case that had been adjudicated by the Federal Court of Appeal, we have decided to go back to the Court of Appeal rather than join issues with the propagandists.”