A High Court in Sagamu has adjourned till December 8 a suit by Prince Adetayo Odunsi challenging the nomination of Albert Mayungbe as Odemo of Isara, Remo.
Justice A. A. Babawale fixed the date after asking parties to file the issues for determination.
The co-defendants in the suit with number HCS/158/2013 are the head of the ruling house, Prince Obafemi Awoyade; Secretary, Remo North Local Government; Oliwo of Isara, Chief Ajibowu Ogunfowodu; Apena of Isara, Chief Jimoh Soyombo; Chief Ladipo Ogunyemi; Ogbeni Odi of Isara, Chief Olajubu Osibote; Ekeji Asipa Odi, Chief Tunde Kalejaiye; Asipa Odi of Isara, Chief Owuye Logba.
Others are Ekeji Asipa Odi of Isara, Chief Efuwape Sotikare; Olori Emo of Isara, Chief Bashiru Awoniyi; Ekeji Olori Emo of Isara, Chief Korede Ogunwole; Asipa Emo of Isara, Chief Nosiru Sodipe; Ekeji Asipa Emo, Chief Adewole Sopitan; Governor of Ogun State; Executive Council of Ogun State; Commissioner for Chieftaincy and Local Government and the Attorney-General as second to 18th defendants.
Although the matter was slated for mention last week, counsel to the claimant, Mrs. U. S. Ihekoronye prayed the court to fix a date for pre-trial conference (PTC) as they had all filed necessary processes.
She said her client had earlier filed his reply to the statement of defence and defence to the counter claim of the first, second, sixth to tenth and 14th defendants.
Ihekoronye explained that they did not file statement on issues for determination in the matter because the former trial judge, Justice Olugboyega Ogunfowora, did not ask for it.
Counsel for the defendants, A.O. Odusanya confirmed Ihekoronye’s submissions.
Justice Babawale ordered the counsels to file all necessary processes in the matter, including new ones, if any, before the next adjourned date.
In his 32 points’ statement of claim, Prince Odunsi , who is a direct descendant of the late Oba Oyemade Mayungbe and progenitor of Erinsiba-Ayoledoye Ruling House had averred that he is lawfully entitled to the stool of Odemo of Isara-Remo.
Odunsi gave a chrological order of the obas produced by the ruling house and averred that their progenitor was Rosanlu, who was also known as Erinsiba “begat Oyetade who in turn begat Oyemade, also known as Mayungbe alias Ayoledoye”.
The claimant added that Mayungbe had four wives, Arobo being third. The claimant averred that as at the time Mayungbe, also known as Ayoledoye, married Arobo, who hailed from Akure, she came with a male child named Ogunsakin from her earlier marriage andwhen he later became king, he accommodated Ogunsakin in the palace.
According to the claimant, when Oba Oyetade Mayungbe ascended the throne, and in order to differentiate Ogunsakin, his stepson and an outsider, from other children in the palace, he made Ogunsakin an “Odi” meaning a servant to the king.
He averred that under Yoruba custom and tradition applicable in Isara-Remo, an “Odi” is not a member of a ruling house and can never qualify for nomination into the stool of Odemo of Isara-Remo”.
Odunsi sought seven prayers and orders against the defendants: “ a declaration that the first defendant is not a member of the Erinsiba-Adyoledoye Ruling House and therefore not qualified to contest for the stool; that under native law and custom applicable in Isara and Remoland generally, an Odi (servant of the king) or any of his descendants is not qualified to contest for the stool; that the first defendant’s late grandfather and father, late Ogunsakin and Oyekunle Mayungbe were Odi to the late Oba Samuel Akinsanya and late Oba Adeboboye Osideinde and therefore not qualified to aspire or to be considered for nomination to the stool.”
He, therefore, sought an order of the court setting aside the nomination exercise of Erinsiba/Ayoledoye ruling house held on February 21, 2011 at which meeting the first defendant emerged as one of the candidates for the Odemo of Isara chieftaincy.
In their statement of defence and counter claim, the first, second, sixth to tenth and 14 th defendants admitted some of the averments of the claimant and deny others.
The first defendant, Albert Mayungbe, insisted on being a “bonafide member and descendant of the Erinsiba/Ayoledoye Ruling House and that the late Oba Mayungbe, aside from being a trader, met and married Arobo in Akure where Ogunsakin, his grandfather, was born.
They prayed the court for an order of mandamus compelling the 15th and 16th defendants to give approval to the appointment of the first defendant as the new Odemo-elect of Isara-Remo.
But the claimant, in his reply to the statement of defence and counter claim of the first, second, sixth to tenth and 14th defendants contended that the first defendant is not a bonafide member and descendant of the Erinsiba/Ayoledoye Ruling House.
The claimant further contended that even though Ogunsakin was Arobo’s child, he was not fathered by the late Oba Mayungbe and that the late monarch was never a trader who lived in Akure. The claimant averred that as at the time Mayungbe married Arobo, he was already a king in Isara and married to two wives.
He averred that it was while he was on the throne that Arobo came to Isara with a child known as Ogunsakin and was accomodated in the palace because she had no place to sleep. He added that Oba Mayungbe later took interest in her and married her.
He therefore prayed the court to dismiss the counter claim of the defendants with punitive costs.
The stool has been vacant since the death of the former occupant, Oba Idowu Onadeko about eight years ago.
