After 16 years of legal battle, an Ikeja High Court has finally affirmed Rilwan Babatunde Akiolu as Oba of Lagos.
Justice Babajide Candida-Johnson held that Akiolu’s nomination, selection, approval and installation were done in accordance with the law.
He said: “On the totality of evidence before the court, I hold that the defendants – the Governor of Lagos State, the Attorney-General of the state, Prince Rilwan Babatunde Akiolu, Prince (Engr.) Babatunde Akitoye (as Head of King Ado Royal House and Ologunkutere Ruling House of Lagos), Chief T. T Junaid-Eko (as Head of Traditional White-Cap Chiefs of Lagos – have put a superior argument to that of the claimant in the case, Prince Sammy A. Modile (for themselves and on behalf of the Akinsemoyin Ruling House of Lagos) and that the claimants have failed to prove their assertions in its entirety.”
Candide-Johnson said the claimants failed to prove the alleged customs upon which they premised their case.
“They have also failed on the evidential burden of proving their case to the satisfaction of court,” Justice Candide-Johnson held.
Claimants in the suit had approached the court 16 years ago, asking for a declaration that only two Ruling Houses, being the Akinsemoyin and Ologunkutere, are entitled under customary law to present candidates and fill any vacancy in the stool of Oba of Lagos.
They asked the court for a declaration that Akiolu’s selection and appointment by the Kingmakers and approval by the state government was null, void and of no effect whatsoever.
They asked the court for a declaration that upon the dispute as to whether it is the turn of the Akinsemoyin Ruling House to fill the stool of Oba of Lagos, instead of the Ologunmkutere after the demise of Oba Adeyinka Oyekan 11.
The claimants prayed the court for an injunction restraining Oba Akiolu from performing or participating in any traditional rites as Oba of Lagos, occupying the Iga Iduganran Palace or parading himself as the Oba of Lagos.
In their statement of claim, they averred that by the custom and tradition of Lagos in the appointment of Oba of Lagos, a 90-day period must elapse between the death of an Oba of Lagos and the installation/capping of another one to succeed the late Oba Oyekan II.
During trial, the claimants called three witnesses while the defendants called four.
Justice Candide-Johnson, in his March 29 judgment, noted that the summary of the claimants’ case is that being descendants of Oba Akinsemoyin and Oba Ologunkutere, they are the only ones entitled to the throne of Oba of Lagos.
Justice Candide-Johnson, in his judgment, established the fact that for over 200 years, all Oba of Lagos numbering 20, have always traced their lineage and stock to Oba Ado directly through Oba Ologunkutere, including Oba Akiolu.
According to the trial judge, “from the totality of evidence before the court, the names of the 20 Obas of Lagos between 1690 to date, starting from Oba Ado, unto Oba Akiolu, are traceable to the Royal lineage of King Ologunkutere, a period of over 200 years.
“In the course of plenary, a book (exhibit J) authored by Alhaji H.A.B. Fasinro OFR, a lawyer, titled: “Political and Cultural Perspective of Lagos (2004)”, stated that “the ascension of King Ologunkutere to the throne, when King Akinsemoyin died, without any male child surviving him, the children of Erelu-Kuti, his sister, were the only eligible males in the royal family and as such, there was no difficulty in choosing Ologunkutere.
“So, when Oba Ado died, he left behind children from his three wives, Oba Gabaro, who succeeded Oba Ado, was his eldest son (by his first wife) who was Benin in accordance with Benin custom.
“Oba Adio’s second wife was the mother of Oba Akinsemoyin while the third wife was the mother of Erelu-Kuti.
“On the death of Oba Gabaro (1720-1730), in line with Benin custom, his eldest son, Oba Eletu Kekere (1730-1734) became king of Lagos.
“When Oba Eletu Kekere died without any surviving son of King Ado, it was easy and inevitable for the only surviving son of King Ado, Oba Akinsemoyin (1734-1779), to ascend the throne of Oba of Lagos as he succeeded Eletu Kekere.
“This marked the turning point of the Benin custom of ascent to the throne of Lagos of line of children descended from first wife of Oba Ado, who hailed from Benin.
“Oba Ologunkutere (1780-1806) succeeded Oba Akinsemoyin, who had died without any male child surviving him”.
Justice Candide-Johnson said this has resulted in Oba Ologunkutere descendants ascending the throne till present day since 1780, a period of 223 years.
“To my mind, and in my considered opinion, no lineage of Oba Akinsemoyin has succeeded in ascending to the throne of Lagos, despite the application of Yoruba custom over that of Benin custom is the true reality behind the present case. But it does not appear to me that the claimants have forthrightly and frankly made this point, leaving the real matter to insinuation and interpretation.
“Nonetheless, the stark reality is that for over 200 years, whether by destiny or omen or otherwise, all Oba of Lagos trace their lineage and stock to Oba Ado directly through Oba Ologunkutere, to the object exclusion of Oba Akinsemoyin’s lineage and stock and through which the claimants trace their lineage to Oba Ado.
“In conclusion, Section 16(2) of the Evidence Act states: ‘The burden of proving custom shall lie upon the person alleging its existence.’ On the totality of the evidence before the court, I hold that the defendants complied with all the required steps to be taken by a candidate vying for Obaship of Lagos. The nomination, selection approval and installation of Oba Rilwan Babatunde Osuolale Akiolu 1, as Oba of Lagos was done accordingly.”
The trial judge disagreed with the claimants that a new Oba must wait for a 90 days period between the demise of an Oba before enthroning a new one.
He said the 90 days waiting period “is not a custom or a tradition of the people of Lagos. It is safe to say that the days as interregnum between the passing and installation of another Oba is within the discretion of the kingmakers.”
The court noted that the claimants admitted there was actually an Akiolu line of Ologunkutere family, but that it had gone into extinction.
Justice Candide-Johnson noted that while giving evidence as to how Oba Gabaro’s line went into extinction, they explained that it was due to the fact that Gabaro did not have any child that led to his lineage going into existence.
“Here, they are also claiming that Akiolu line of Ologunkutere Ruling House has gone into extinction but when and in what manner the extinction came about, the claimant’s failed to address or establish it.
“While cross examining Oba Akiolu, the issue of whether he is truly of Akiolu descent was raised and he was able to convincingly and concretely prove and trace his decent to Oba Ologunkutere and by implication to King Ado.
“The parties in their pleadings and evidence agreed that for a candidate to qualify for selection, appointment, approval and subsequent installation such person must be a descendant of King Ado through Oba Ologunkutere lineages.
“The Claimants in their pleadings admitted that Akiolu was one of the children of Oba Ologunkutere. It is also on record before the court that Oba Akiolu was able to trace and prove his descent to King Ado, hence this makes him a proper candidate eligible for the stool of Lagos,”Justice Candide-Johnson held.
