•Jubilation In Ancient Town Over Judgment
The Supreme Court has affirmed the appointment of Oba Mufutau Gbadamosi Esuwoye as the Olofa of Offa in Kwara state.
The Apex court in a unanimous judgment delivered yesterday by Justice Samuel Walter Onnooghen, held that the appointment of the traditional ruler by the Kwara State Government was in line with the customs and tradition of the people of Ofa.
Justice Onnooghen in the judgement agreed with the claim of Oba Esuroye that Anilelerin is the only authentic ruling house that can ascend the thrown of Olofa.
The Court consequently voided the claim of Olugbense as a ruling house in Ofa on the ground that there was no history to that effect.
The court equally dismissed claims by Olugbense family over the purported principle of rotation between Anilelerin and Olugbense ruling houses.
He added that if there was any rotation of the stool as claimed by the Olugbense family, the principle of rotation would have taken up before the ascension of the immediate past Olofa, Oba Mustapha Olawore Olanipekun.
The apex court further faulted and prohibited the Kwara State government Gazette of 1970, which recognised Olugbense ruling house.
Justice Onnooghen stated that the Gazette was null and void as it runs contrary to the customs and traditions of the people of Ofa.
The court barred Olugbense from being recognised as a ruling house by either the Kwara State government or the kingmakers.
“From the history, customs and tradition of the people of Ofa, it is clear that the only ruling house, Anilelerin, being a male line, is the authentic and only ruling house backed by native law and authority that can ascend the thrown of Olofa”
“This court also found as a fact that there is no rotational policy in existence as far as the stool of Olofa of Ofa is concerned and therefore, the claim of the Olugbense family has no historical backing and therefore, the claim of the appellant, through a counter claim on the issue, succeeds and is hereby affirmed”.
The court also held that the ascension to the throne is by election and not by rotation as claimed by the Olugbense family.
The Olugbense family had, through Alhaji Saka Adeyemo, Prince Abdulrauf Adegboyega Keji and Prince Saka Keji challenged the appointment of Oba Gbadamosi Esuwoye on the ground that it was done in contravention of Section 3(3) of Kwara State Government Edict on appointment of and deposition Chief’s law of 1970, which they claimed made provision for rotation between their family and the Anilelerin family.
