Osun state high court in Ikirun has charged the governor of the state, Gboyega Oyetola, Commissioner of Local Government and Chieftaincy affairs, Adeleke Adebayo including other officials not to engage in any action as regards the appointment of new kinf in Iree.
The Ikirun High court was approached on Tuesday, November 8 by kingmakers which include; the Ojomu of Ireland, chief Olufemi Afolabi, the Jagun of Ireland, Chief James Adebisi Bankole, the inunrin of Ireeland,Sanusi Babawale, the osolo of Ireeland, Chief Sobalaje Alao, and Aogun of Iree land, Saliu Atoyebi, proposing an halt to the ongoing activities of the appointment of the king.
Recall that osun state governor has declared Prince Raphael Oluponle as the new Aree of Iree land without considering thah in fact the suit had been filed by kingmakers against appointment of warrant chiefs.
Also, affidavit in support in support of motion ex-parre for interim injunction was filed on October 28, before Tuesday, November 8 was picked for hearing.
The defendants was deputized by Director of Ministry of Justice, Kayode Titiloye.
The people present in the court includes the Osun state governor, Commissioner for local government and Chieftaincy affairs, Special Adviser to tbe Governor on Chieftaincy matters, the Attorney General and Commissioner for justice and Mrs Seritmfatu Adebayo.
While giving the ruling, Justice I.O Adeleke was not in good term with the manner of tbe state government in disregarding the suit served against the appointment of warrant chiefs and conducted the election of new king without any one's consent.
He therefore charged tbe defendants to stop any action related to the issue of the new monarch
Adeleke said, “The best person in any society is the one who respects the rights of others. The one who will not venture into doing that which can be challenged legitimately. Obedience to the rule of law is for the good of the society at large. All the defendants in this case (1-5) are hereby ordered to stay further action on the facts in issue in the case before the court.
“In the interest of justice, fairness and sanctity of judicial process, the defendants should stop further action on the appointment and installation of Aare of Iree pending the hearing and determination of the Motion on Notice served on the defendants.”
However, the motion was adjourned till November 22.
In his words while addressing journalists, the counsel to the five kingmakers, Isaac Olaide reiterated that the kings can only be appointed when the people in charge refuse.
He said, “Because the kingmakers refused to do the biddings of the Osun State Commissioner for Local Government and Chieftaincy Affairs, Adebayo Adeleke, otherwise known as Banik, he now wanted to appoint warrant chiefs for all of them. The kingmakers said you can only appoint warrant chiefs when those who wanted to conduct election refuse to do so. In this case, the kingmakers were ready but they said the Commissioner can’t influence their actions.
“They said they wanted to do it freely because three or four people filed nominations from ruling houses, so they needed to do election. But Ponle Ademola insisted that he should be the one they should elect. Because we (kingmakers) are aware that they want to do that, we filed a suit against appointment of warrant chiefs and that was on 27th of October, this year and they (defendants) were served on 28th October. The Commissioner for Local Government and Chieftaincy Affairs, Attorney General of Osun State, Femi Akande, the Governor and even the Special Adviser on Chieftaincy Affairs. They had not appointed warrant chiefs as at that time.
“The law is that once you have been served with such a thing, you stay in action, even if there is no injunction. They don’t need to wait for an injunction because they were served with writ of claim and motion to stop them from appointing warrant chiefs. So, going ahead to appoint the same warrant chiefs is like you are disregarding court processes and that’s why the court was very angry while granting our order. Even when the case was fixed for hearing, they were served with the hearing notice since last week November 3 but on the 4th November, they went ahead and purportedly elected an Aree of Iree by warrant chiefs, using the same warrant chiefs we were trying to attack from court.
They have forced on the court a fate accomplished, that means they have said we have done what we want to do, court, do your worst. It’s a misconception of the law that if there is no injunction, you can go ahead. No! Once you are already served with the suit and a motion for injunction, you have to stay action, that’s how to respect the rule of law. If you go ahead to do it, then it means you have pitched yourself against the court.
“The court now ordered that henceforth, everything that has to do with the stool of Aree should be stopped. This further means that the State House of Assembly will stop issuance of gazette and the state government won’t present staff of office to the purported Aree,” he said.
