A High Court sitting in Abeokuta, Ogun State, has set aside the approval of the appointment of Yisa Olusola Olaniyan as the traditional ruler of Ipokia, in Ipokia Local Government Area of the state, pending the hearing and determination of claimants’ application for interlocutory injunction filed on June 1, 2020.
This was contained in a ruling by Justice Olugbenga Ogunfowora, which says that the claimants/respondents herein commenced this action by a statement of claim dated 30th, May 2019, wherein they disputed the selection of Olaniyan as the Onipokia of Ipokia by the kingmakers.
The claimants/applicants in the suit number AB/253/2019 include Prince Adesola Asade, Prince Adepegba Asade and Princess Akinleye Alaba (nee Asade), while the defendants are Ogun State Governor, Attorney General of Ogun State, and Commissioner for Local Government and Chieftaincy Affairs.
Other defendants include Chairman, Ipokia Local Government, kingmakers, Ipokia Traditional Council of Chiefs, Chief Bolaji Ojo (Osunba of Ipokia), Chief Fatai Agbeyemi (Esemo of Ipokia), Chief Dada Ogabi (Osuwo of Ipokia), Chief Ramoni Okija (Sarun Ipokia), Chief Isiah Adefalu (Oganla Ipokia) and Yisa Olusola Olaniyan.
The Judge berated the action of the defendants in installing the 11th Defendant (Yisa Olaniyan) as Onipokia of Ipokia, and upheld the arguments of Prof. Yemi Oke, who led three other lawyers for the claimants and dismissed the motion for stay of proceedings.
“That the purported installation of the 11th Defendant as Onipokia of Ipokia is hereby set aside. A purported installation is an act of Executive recklessness that should never be allowed as it was done in reckless violation of judicial proceedings at a time the motion on notice for an order of injunction restraining the defendants from installing the 11th Defendant was pending in court, and parties have exchanged their papers,” the court ruled.
The judge also declared: “The installation of the 11th Defendant was a pre-emptive act to arrest the likely outcome of the motion for an injunction. The installation of the 11th defendant as Onipokia of Ipokia is hereby set aside.
“It is, however, a sad commentary on the state of affairs now that the 1-13 defendants rather than wait for the courts, also chose to go ahead without waiting for the courts to determine the interlocutory application for an injunction.
“The approval of the appointment of the 11th defendant by the 1st-3rd defendants is hereby set aside pending the hearing and determination of the claimant’s application for interlocutory injunction filed on 1st June 2020.”
The judge, thereafter, adjourned the matter to May 18, 2022, for hearing of the pending motion for an order of injunction, and by this ruling, it means Ipokia Kingdom has no traditional ruler in the palace.
The lead counsel for the applicants said, in view of the ruling the 11th defendant, Yisa Olaniyan could no longer wear the crown or enter the palace or perform any functions or roles of Onipokia of Ipokialand.
The counsel emphasized that, in addition, Olaniyan cannot be accorded such recognition by the Olu of Ilaro, and other Kabiyesi, stressing that doing otherwise will lead to imprisonment for contempt of court.
The ruling may also mean that the palace may be locked-up to avoid a breakdown of law and order because of this development, as no one can act as Onipokia of Ipokialand until all legal battles are resolved.
The families of Iwaye Dodo ruling including Asade, Adekanbi, Okeleye, and Oteni are fighting the course of justice in court represented by Asade/Adekanbi the claimant in the suit.
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