Court Dismisses Suit Challenging Appointment Of Alawo Of Awo, Awards ₦1m Costs

An Osun State High Court sitting in Osogbo has dismissed a chieftaincy suit challenging the appointment of the Alawo of Awo, Oba Abdulrasaq Taiwo Ajibade Adegboye (Abioye III), affirming that the Osun State Government acted lawfully in the selection and installation of the monarch.

The suit, HOS/84/2020, was instituted by Prince Lawal Oloyede Oyekunle and Prince (Mubaji) Ganiyu Ademola Adediji, alongside other claimants, against several defendants including Alhaji Abdul-Kareem Adegboye, Hon. Adegboye Taiwo Rasaq, officials of Egbedore Local Government, the Executive Governor of Osun State, the Commissioner for Local Government and Chieftaincy Affairs, and the Attorney-General of Osun State.

The claimants sought multiple declaratory reliefs, asking the court to determine the legitimate ruling houses in Awo and to declare that only descendants of Fagbon, Yebokun, Olusoro and Adesite, children of Awojobi, could aspire to the Alawo stool. They further argued that the Yebokun/Jogunade/Abioye family was the rightful bloodline connected to the Abioye ruling house and therefore entitled to present a candidate whenever it was Abioye’s turn.

The claimants also prayed the court to nullify letters issued by Egbedore Local Government in August 2020 inviting the Abioye family to nominate a candidate, describing the action as illegal and contrary to Awo custom and tradition.

Before addressing the substantive issues, the Barr. Ambali Adisa raised a preliminary objection, contending that the claimants lacked the locus standi to institute the action.

They also argued that the suit amounted to an abuse of court process, as a similar matter (HED/26/2020) was already pending before another court.

In their submissions, the Defendants Counsel from the Ministry of Justice led by Barrister Ambali Adisa who appeared alongside with Ibunkun Adeoye Esq. drew the court’s attention to the Alawo of Awo Chieftaincy Declaration of 1979, which recognises only four ruling houses, namely Awojobi, Akinsilo, Abioye and Okunji.

They maintained that no ruling house known as Jogunade, Yebokun, or Yebokun/Jogunade/Abioye exists under the extant declaration.

On the merit of the case, the court reviewed the history of the Alawo chieftaincy, noting that although five ruling houses were recognised in the 1955 declaration, a panel of inquiry in 1978 led to the 1979 declaration, which reduced the number to four.

The court also considered evidence from previous panels of inquiry, including the Justice Akin Apara Commission of Inquiry and the J. Abdul-Kareem Panel, which consistently upheld the four recognised ruling houses.

Testimonies before the court revealed that the claimants had, over the years, consistently identified themselves as members of the Yebokun/Jogunade family, while the family of the Alhaji Abdul-Kareem Adegboye, had always represented the Abioye ruling house at various inquiries.

Delivering judgment, Justice Olusegun Agboola held that the Osun State Government acted legally and properly in appointing the Hon. Adegboye Taiwo Rasaq, as the Alawo of Awo.

The court ruled that it was indeed the turn of the Abioye ruling house to fill the vacant stool and that Hon. Adeboye Taiwo is a bona fide member of that ruling house.

Justice Agboola further held that there is no ruling house known as Jogunade in the Alawo chieftaincy declaration and described the claimants’ attempt to identify as members of the Abioye ruling house as an afterthought, noting that earlier proceedings showed they had consistently presented themselves as Jogunade.

The court also upheld the actions of the Ministry of Local Government and Chieftaincy Affairs and Egbedore Local Government Council, ruling that they acted correctly in inviting the Abioye ruling house to nominate a candidate.

In conclusion, the court dismissed the suit in its entirety and awarded ₦1 million costs against the claimants.