Appeal Court dethrones Olofa of Ofa, orders installation of rival Court-of-Appeal • Tussle over Calabar throne moves to S’Court THE Court of Appeal, Ilorin Division, Kwara State on Tuesday ordered the removal from office of the Olofa of Offa, Oba Mufutau Gbadamosi Esuwoye, and ordered prompt installation of Abdulrauf Adegboyega Keji as the new Olofa. The development came as the tussle over the throne of the Obong of Calabar moved to the Supreme Court. Five of the litigants led by former Minister of Finance, Etubom Anthony Ani, are challenging the July 4, 2013 Appeal Court judgment delivered by Justice Mohammed Garba and two others which nullified the selection of Edidem Ekpo Okon Abasi Otu as the Obong of Calabar, ordered fresh selection with Otu cleared to contest but disqualified Ani from contesting on grounds that he was not capped by an Obong. Ani through his counsel, Mr. Joe Agi (SAN), is seeking a stay of execution of the judgment in an order that all parties maintain status quo pending the hearing and determination of the Appeal against the judgment. He argued that if the said judgment of the Appeal Court is not stayed, “the appellants/app will be paralysed (and) if the appeal succeeds, it will create a situation of helplessness and make the judgment of the Appellate Court nugatory”In the lead judgment by Justice Hussein Mukhtar, the Court of Appeal faulted ‘ab initio’ the procedure that led to the appointment of Esuwoye, noting instead that a laid down tradition of installation in the ancient town since some 43 years ago allowed only for rotational system between the existing two ruling houses, Olugbense and Anilelerin. The rotation principle had been established since 1969 through the intervention of the state government, citing the need for peace when the late Oba Keji (from Olugbense Ruling House) agreed to step down from the throne and allowed the late Oba Mustapha Olawore Olanipekun (from the Anilelerin Ruling House) to ascend the throne. Esuwoye is from Anilelerin Ruling House while Keji, the appellant, is from Olugbense Ruling House. The appellant, in his 16 prayers through his counsel, John Bayeshea (SAN), urged the court to set aside the judgment of the lower court, which had earlier upheld the status of the defendant as the Oba of the town. The prayers included a declaration that: • Ascension to the stool of Olofa of Offa is rotational between Olugbense (male) Ruling House and Anilelerin (female) Ruling House of Offa; • Anilelerin Ruling House, having produced the late Oba Olawore Olanipekun (who ruled for over 40 years), it should be the turn of the Olugbense to produce the next Olofa on the basis of the established rotation; and that • Anilelerin Ruling House is precluded from producing the candidate to fill the vacancy created by the death of Oba Olanipekun. The claimant citing the decision of the state government press release Number 275 of July 9, 1969 (pursuant to the report of the Sawyer Commission of Enquiry to Olofa Chieftaincy Stool), said the rotation policy should be held supreme to any other extant rules guiding the selection of would-be-Olofa. Besides, he averred that the Chieftaincy Declarations contained in the Kwara State of Nigeria Gazette Number 11, Vol. 4 of March 12, 1970 and Legal Notices 3 and 4 of 1969 therein, in respect of the process of selection of candidate for the stool of Olofa should be by rotation and not by competition between the two ruling houses. He therefore sought for an order compelling the state government to approve the appointment of the claimant as the Olofa of Offa and a further order compelling the government (the 7th Defendant) to install the claimant as the Olofa of Offa. The court, consequently granted all the reliefs sought by the appellant and nullified the appointment and installation of Esuwoye, as Olofa of Offa. Besides, the court ordered him from parading himself as the Olofa of Offa, just as it ordered the Attorney General of the state and the governor to install the Appellant from Olugbense Ruling House as Olofa of Offa.
Posted on: Thu, 11 Jul 2013 10:06:38 +0000
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