A Lagos high court sitting in Igbosere Wednesday removed Oba Micheal Gbadebo Onakoya as the traditional ruler and Orijeru of Igboye in Epe Local Government Area.
The court presided by Justice Iyabo Kasali restrained Onakoya from parading himself as the monarch and Orijeru of Igboyeland of Epe Local government.
Justice Kasali gave the order while delivering judgement in a suit filed by representatives of Ewade Ruling House who were contesting the nomination and crowning of the monarch.
Justice Habib Abiru, who has now been elevated to the Court of Appeal, had earlier in 2008 in his judgement in a suit no ID/1472/1992 filed representatives of the Erelu and Osikadewa Ruling Houses dethroned the embattled monarch from the stool of Orijeru of Igboyeland.
Justice Abiru declined to stay execution of his judgment in a ruling delievered on October 15, 2009 and likewise the trio of Justices C.C. Nweze, R.N. Pemu and F.O. Akinbami of the Court of Appeal on February 27, 2013 in different applications filed by the deposed monarch.
Also in her judgement Wednesday, Justice Kasali declared the nomination of the second defendant, Onakoya, to the stool of Orijeru of Igboye as illegal and of no effect.
Justice Kasali whose judgement lasted one hour forty five minutes granted all the claims of the claimants in the suit filed through their counsel, Tunde Oyende.
The trial judge declared that the second defendant (Micheal Gbadebo Onakoya) is not a member of the Ewade Ruling House of Igboye and is not entitled to be nominated to the stool of the Orijeru of Igboye.
The court granted “an order of perpetual injunction restraining the second defendant from parading himself as a member of Ewade Ruling House of the said Igboye or presenting himself for the stool of Orijeru of Igboye on the platform of Ewade Ruling House”.
The judge also gave an order of perpetual injunction restraining all the other defendants from recognising the second defendant as a member of Ewade Ruling House of Igboye”.
The claimants in the suit are Alhaji M.A. Quadri, Chief Dauda Kadiri and Mrs. Oladipe Otunowo for themselves and as representatives of Osekelu branch of Ewade Ruling House.
Others are Chief Gbenro Otunowo, Mr. Yemisi Adegboyega and Mrs. Adeleke Ogunnubi, for themselves and as representatives of Okuyemi/Okuboyejo branch of Ewade Ruling House.
The defendants, aside from the second defendants, are Head of the Ewade Ruling House, Otunba Abdulwasiu Musa-Adebamowo, Lagos State Government and Attorney General of Lagos State.
Justice Kasali dismissed the 35 point averments of the second defendant contained in his amended statement of defence and counter claims filed through his counsel, Babatunnde Oshilaja.
The trial judge also described as fraudulent, the documents used by the deposed monarch for his nomination, selection and subsequent recognition by government for the stool of Orijeru of Igboyeland.
She agreed that the claimants were not aware of nor participated in the meetings purportedly held by the Ewade Ruling House in August, 1991which culminated in his unlawful nomination.
She also agreed with the claimant’s that they were not aware of the presentation of the second defendant to the state government who is the third defendant.
“The members of Ewade Ruling House only became aware of the true but hidden and secret fact that the second defendant had assumed the stool of Igboye, before he was deposed, on the platform of Ewade Ruling House when they saw the letter ref. EP. 181/134 dated 26th February, 2003 addressed to the second defendant “in care of Ewade Ruling House” in the course of downloading processes in suit ID/1472/92: Adesida Vs Lagos State Government which was decided on 15th October, 2008 by this Honourable court”.
Justice Kasali identified three issues for the determination of the court: whether or not the claimants have locus standi to institute the action; whether, if the first issue is in the positive, the claimants have proved their case to be entitled to the judgement of the court; and if the first issue is in the negative, whether the second defendant proved his counter-claim before the court.
On the first issue, the court held that the claimants have locus standi to institute the action based on the various evidences before the court.
The trial judge, on the second issue, held there is overwhelming evidence that the second defendant is not a member of the Ewade Ruling House but from the Erelu Ruling House.
Justice Kasali noted that while the claimants have been able to prove that the second defendant is not from their Ruling House, the second defendant has not been able to discharge the burden of proving that he is from Ewade Ruling House.
She emphasised that the burden of proving a case rest on the claimant whose evidence must be credible and rest on his pleadings.
The judge said she had seen the declaration on sucession to the stool of Orijeru of Igboye and based on the submissions made by counsels, the court relied on the document and restated that the second defendant is not entitled to be nominated to the stool of the Orijeru on the platform of Ewade Ruling House.
She said: “the claimants’ case succeeds. The counter-claims failed and is therefore dismissed in its entirety. All the other defendants also perpetually restrained”.
Justice Kasali said it was necessary for trial courts to take a stand against illegality and ensure that justice is done at all times.
Meanwhile, the embattled monarch’s appeal against his dethronement by Justice Abiru, now elevated to the Court of Appeal, is pending before the Lagos division of the court.
