Oba Sakirudeen Oyelere has filed an appeal against the ruling of an Ibadan, Oyo State High Court that nullified his selection and appointment as the Onifiditi of Fiditi.
Recalled that Justice K. B. Olawoyin had, on 19 April, 2024, set aside the selection and appointment of Oba Oyelere as the Onifiditi of Fiditi in an interlocutory ruling over a suit, marked IHOY/59/2013, filed by two applicants, Prince Samuel Ogunkunle and Bayo Oyewale, against the traditional ruler and seven others.
This was as the court also granted a restraining injunction on further actions on the filling of the Onifiditi of Fiditi Stool, pending the determination of the suit on the matter.
The two applicants filed the suit against Oba Sakirudeen Oyelere, Ademola Akande, Depo Oguntoyin, Kunle Oniyitan as the first, second, third and fourth defendants, respectively.
Also joined as defendants in the suit were the Oyo State governor (fifth), the state Commissioner for Justice (sixth), the state Commissioner for Local Government and Chieftaincy Matters (seventh) and Chief Adebola (eighth).
Justice Olawoyin ruled that Oba Sakirudeen Oyelere been removed and also granted an injunction restraining further actions on filling the Onifiditi of Fiditi Stool.
The trial judge also granted a mandatory injunction setting aside the presentation of the Staff of Office to Oba Oyelere on October 18, 2021, by the Oyo State governor, Seyi Makinde and other officials.
Justice Olawoyin ruled that: “An order of mandatory injunction is hereby made/granted setting aside the presentation of Staff of Office to the first defendant as the Onifiditi of Fiditi on October 18, 2021, by the fifth, sixth and seventh defendants.”
He also awarded a cost of N200,000 in favour of the applicants against the first, second, third and eighth defendants and subsequently adjourned further hearing on the suit till 22 May, 2024.
However, Oba Oyelere filed a Notice of Appeal at the Court of Appeal Ibadan Division, on 23 April, 2024, claiming that the lower court erred by setting aside his selection and appointment as the Onifiditi of Fiditi.
Counsel to Oba Oyelere, Mr Femi Alamu, stated in the Notice of Appeal that the trial judge failed to consider that the state governor has powers to upgrade and jettison the baaleship which had been in contention among the people of the town and create new kingship title which has now put an end to the problem in Fiditi Town.
Oba Oyelere sought, among the reliefs, an order from the Court of Appeal setting aside the ruling delivered by Justice K.B. Olawoyin of High Court 3 Ibadan, Oyo State which nullified his selection and appointment as the Onifiditi of Fiditi.
He is seeking an order setting aside his removal from his position as the traditional ruler of Fiditi Town and any further order or other reliefs that the appellate court “may deem fit to make in the circumstance.”
In his grounds of appeal, Oba Oyelere stated that Justice Olawoyin erred in law and took an erroneous decision when he held that his appointment and installation as the Onifiditi of Fiditi during pendency of the case was erroneous, unacceptable and therefore null and void.
He stated that the case between the parties involved in the suit had been in existence for the several years without any lead way, up till sometimes in 2021 when the 5th, 6th and 7th defendants in the case jointly made resolutions in their executive capacity to install a traditional ruler, as against the Stool of Baale that had been in contention over the years in Fiditi.
Oba Sakirudeen Oyelere stated that the trial judge at the lower court erred by substituting kingship in Fiditi Town for baale.
He stated that Justice Olawoyin erred in law when he held in his interlocutory ruling that removal of the 1st defendant/appellant as the Onifiditi of Fiditi is more appropriate than giving the case an accelerated hearing.
He stated that the trial judge failed to consider that the state governor has powers to upgrade and jettison the baaleship which had been in contention among the people of the town and create a new kingship title which has now put an end to the problem in Fiditi Town.
He further stated that Justice Olawoyin did not consider that the people of Fiditi appreciated, welcomed and loved the appointment and installation of a traditional ruler from one of the royal families for them and which has brought about permanent solution in the rulership of Fiditi Town.
According to Oba Oyelere, the trial judge did not put into consideration the commotion, fight and unrest that may follow his removal as the reigning traditional ruler in a community which has been peaceful for about three years since he became the Onifiditi of Fiditi.
He further stated that the trial judge erred in law when he held that the 5th, 6th & 7th defendants/respondents in the suit do not have power to install him as the Onifiditi of Fiditi.
Oba Oyelere stated that the 5th defendant/respondent, who is the governor of Oyo State, having consulted the 6th and 7th defendants/respondents, respectively, has the executive power to install the 1st defendant as the Onifiditi of Fiditi, on the recommendation of the 6th and 7th defendants/respondents, respectively.
He stated that the 5th defendant/respondent, having set up a committee to look into the chieftain title in town as at that material time, has the executive power to implement the recommendation submitted to him by the committee.
He added that the 6th defendant/respondent, having been satisfied with the situation of Fiditi Town and its chieftaincy, rightly advised the 5th defendant/respondent to go ahead with the installation and coronation of the 1st defendant/appellant (Sakirudeen Oyelere) as the Onifiditi of Fiditi.
He further claimed that the 7th defendant/respondent, who manages chieftaincy matters in Oyo State, having looked deeply into the situation of Fiditi Town, recommended and advised the 5th defendant/respondent accordingly to crown and install the 1st defendant/appellant as the traditional ruler of the town.
He noted that the tranquility, peaceful co-existence and love enjoyed by the people of Fiditi Town as a result of upliftment of its baaleship to kingship is at stake as a result of the ruling that the 1st defendant/appellant be removed from office after about three years on the throne.
He said the rift that had subsided among the factions of the ruling houses in Fiditi Town will raise its ugly head again, adding that there would be problems, unrest and hatred in the town if the 1st defendant/appellant is removed from office after about three years of peaceful co-existence among the people.
The case is yet to be assigned to any judge, but the Registrar of the Court of Appeal, in a “Summon To Parties To Settle Record”, urged all parties to the Suit No HOY/59/13 “to attend before him at the Court Office Appeal Section, Ibadan Judicial Division on 2 May, 2024 to proceed with the settling of the Record of the Appeal dated, 23 April, 2024.
