REACTION TO THE MISINFORMATION BEING PEDDLED ON OBA OJOGBARIAKA OF ILADO
Oba J.K Ajomole’s appointment and recognition as OJOGBARIAKA of Ilado was approved by the Ondo State Executive Council on 24th August, 2022.
His instrument of appointment and recognition was dated and signed 24th August, 2022 under the hand of the Governor of Ondo State.
Under the law, the appointment and recognition of anyone as an Oba in Ondo State is complete upon his approval by the State Executive Council.
The Court of Appeal restated this inviolable position of the law in Olanipekun v. Olanipekun (2015) 6 NWLR (PT 1456) 488, a chieftaincy case which also emanated from Ondo State.
The approval and recognition of Oba OJOGBARIAKA took place almost 3 months before Suit AK/87m/2022: Afelumo & Ors v. Attorney General & Ors was instituted on 21st November, 2022.
There is no way an ex parte order of any court of law ALLEGEDLY made on 21st November, 2022 pending the determination of the substantive case could take a retrospective effect to nullify what had taken place as far back as 24th August, 2022.
No. The court never said so, and could not have said so. What I understand by the subsequent Order or ruling of the Court dated 28th November,2022 is that the events relating to the OJOGBARIAKA chieftaincy which took place on 25th November, 2022 was or were being annulled, for taking place AFTER the Order made on 21st November, 2022 granting the Applicants in the case LEAVE (permission) to challenge the recognition or approval of Oba J. K Ajomole.
What took place on 25th November, 2022 was merely part of the series of ceremonies accompanying the recognition and approval of Oba J.K Ajomole which had started even before the case was instituted.
Those events and ceremonies are not part of the legal requirements for the appointment and approval of an Oba in Ondo State.
Having made this commonsensical clarifications, perhaps it is imperative to also state that Oba J.K Ajomole has briefed us to file the appropriate court processes to seek the nullification of the Order of the Court itself, for having being made without jurisdiction ab initio.
Femi Emmanuel Emodamori
(Counsel to Oba J.K Ajomole).