A High Court sitting in Ikare-Akoko, headquarters of the Akoko North-East Local Council Area of Ondo State, has affirmed the appointment of Oba Yaya Olawale Obaniyi from the Oyagi Ruling House as the legitimate Oludaja of Daja Ajowa-Akoko in the Akoko North-West Local Council Area of the state.

The judgment of Justice Femi Akinbinu settled the dispute over the rightful occupier of the throne of Oludaja of Daja in Ajowa-Akoko before the law court after the demise of the former occupier of the throne, Oba Julius Kehinde Alabi Olodowa, some years ago.

Some members of the Ibowe Clan of Oyagi Ruling House in Daja had dragged Obaniyi, the Akoko Northwest local government, the Commissioner for Local Government and Chieftaincy Affairs, the Attorney General, and the Commissioner for Justice and State Executive Council to court over the appointment of Obaniyi as the Oludaja of Daja Ajowa-Akoko.

Obaniyi was appointed Shaba of Daja in 1997 in conformity with the Morgan Chieftaincy Declaration before his eventual promotion as the Oludaja of Daja Ajowa-Akoko. Appointment of monarchs in the community is by promotion, and whoever emerges as Shaba automatically becomes Oludaja of Daja under the customs and traditions of the town.

Displeased with the elevation of Obaniyi as Oludaja, the Ibowe Clan, including Prince Obawumi Obadun, Moshood Obadun, and Kayode Alaremu, through their lawyer, Mr. Femi Emadamori, asked the court to nullify the appointment and staff of office of Obaniyi as Oludaja of Daja Ajowa-Akoko.

The Ibowe Clan asked the court for a declaration that under the Native Law and Custom of Daja Community in Ajowa-Akoko and the relevant Oludaja Chieftaincy Declaration, as well as the age-long tradition and convention of Daja Community, it is only the Ibowe Clan that can and has indeed produced the Oludaja of Daja.

The Ibowe Clan sought the declaration that Obaniyi, who is from the Ihoko Clan of the Oyagi Ruling House of Daja, is not entitled and eligible to be appointed as the Oludaja of Daja.

However, in his verdict, Justice Akinbinu said the monarch, who is the counter-claimant in the suit, has been able to support his claim of being duly appointed as Shaba with concrete documentary evidence. The court said the claim that Chief S. O. Alaremu was elected as Shaba was largely unsubstantiated, with no iota of evidence in support.

Justice Akinbinu held that since civil cases are determined by preponderance of evidence, whoever has heavier evidence, when all the total evidence adduced is placed on an imaginary scale of justice, carries the day. He said the monarch has been able to adduce concrete, cogent, and convincing evidence to establish the fact that he was duly appointed as the Shaba of Daja.

The court held that even if the appointment of Obaniyi as Shaba was wrong in 1997 and no action was brought against him since then, the statute of limitation law has barred such action from being heard in the law court.

Pointedly, Justice Akinbinu held that since all the parties and documents showed that succession is automatic with the Shaba from the other ruling house becoming the Oludaja, Obaniyi, having been duly appointed as Shaba and having outlived the last Oludaja, automatically became the Oludaja.

Justice Akinbinu held that Chief Yaya Obaniyi, having been properly and duly appointed as the Shaba of Daja, is automatically entitled to be installed and presented with a certificate and staff of office by the State Executive Council following the demise of the immediate past Oludaja of Daja, Oba J. K. A. Olodowa.

In his reaction after the verdict, the monarch asked his co-contestants to sheath their swords and join him in the development of the town. He said the development of the community should be paramount in their minds instead of needless litigation.