Ap­peal Court or­ders Ilawe Ek­iti monarch to va­cate stool

The Guardian (Nigeria) - - NEWS - From Ay­o­dele Afo­labi, Ado Ek­iti

AN Ap­peal Court in Ado Ek­iti has voided the in­stal­la­tion of Idowu Ibiowo­tisi as the Olo­mod­u­lawe of Ilawe Ek­iti.

It or­dered him to stop parad­ing him­self as the recog­nised ruler of Oke Emo Quar­ters in Ilawe Ek­iti.

The ap­pel­late court also re­strained the monarch of the town, Ade­banji Alabi who is the fifth re­spon­dents and Gbenga Ag­bona, who is the sec­ond re­spon­dent in the suit from recog­nis­ing him.

The Olo­mod­i­lawe chief­taincy ti­tle is ro­ta­tional among the Gbadamosi, Fa­time­hin and Fa­jemisin branches.

Ibiowo­tisi, who is the first re­spon­dent, was in­stalled af­ter the death of Zacheus Fa­time­hin.

The ap­pel­lants had chal­lenged the el­i­gi­bil­ity of the first re­spon­dent at the Ek­iti High Court, but the trial court de­liv­ered judg­ment on Oc­to­ber 19, 2016 by strik­ing out the suit for lack of ju­ris­dic­tion.

How­ever, dis­sat­is­fied with the judg­ment, the ap­pel­lants took the mat­ter to the Ap­peal Court.

In her lead judg­ment, Jus­tice Fa­tima Omoro Ak­in­bami, de­clared that it is the turn of the Fa­je­muyin branch of the Olo­mod­u­lawe to pro­duce a can­di­date for the Olo­mod­u­lawe ti­tle, af­ter the late Zachaeus of the Fa­time­hin branch.

The judge said: “I de­clare that the pur­ported nom­i­na­tion and in­stal­la­tion of the first de­fen­dant as Olo­mod­u­lawe by the sec­ond de­fen­dant is against the na­ture law and cus­tom, as well as the ap­pli­ca­ble Chiefs Law.

“I hereby set aside the pur­ported nom­i­na­tion and in­stal­la­tion of the first de­fen­dant as Olo­mod­u­lawe, and or­der that the sec­ond and sixth de­fen­dants should im­me­di­ately com­mence the nom­i­na­tion process to fill the va­cant stool of Olo­mod­i­lawe chief­taincy.” The judge said she had eval- uated the ev­i­dence placed be­fore the trial court that the ap­pel­lant made writ­ten, as well as oral rep­re­sen­ta­tion to the then para­mount ruler, the Alawe of Ilawe Ek­iti.

He said the Alawe, who is the pre­scribed au­thor­ity on the chief­taincy ti­tle in­stalled he first re­spon­dent, de­spite the let­ter of protest writ­ten by the ap­pel­lants.

“I am sat­is­fied that the ap­pel­lants placed enough ev­i­dence, both in oral and doc­u­men­tary be­fore the trial court in prov­ing their case.

“I there­fore have no hes­i­ta­tion in grant­ing all the re­liefs sought by the ap­pel­lants,” she said.

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