BY TIMOTHY AGBOR, OSOGBO
The Certified True Copy of the judgment by an Oyo State High Court sitting in Ogbomoso that removed Oba Ghandi Olaoye as the new Soun of Ogbomoso has revealed how Olaoye’s name was smuggled in the list of aspirants that was presented to the kingmakers.
According to the CTC of the judgment delivered by Justice Kareem Adedokun, Laoye Ruling House, which is to produce the next Soun, contravened the procedure/method of nomination prescribed under the 1958 Soun of Ogbomoso Chieftaincy Declaration, by producing more than one aspirant to the kingmakers.
In the CTC obtained by The Point, it was discovered in court that the Laoye Ruling House had met and produced 18 contestants after the aspirants obtained N250, 000 intention forms from the election screening committee set up by the house.
However, after the list of 18 aspirants got to the kingmakers, the name of Ghandi Olaoye, a Pastor of the Redeemed Christian Church of God, an officer of the Ogbomoso North Local Government informed the court that the Areago of Ogbomoso land and Chairman, Kingmakers of Soun Chieftaincy, Ogbomoso, Chief S.S. Otolorin inflated the list to 23 by adding Ghandi and four others.
Last week, Justice Adedokun nullified the selection and coronation of Ghandi, ruling that his selection did not follow due process and was fraught with irregularities and subsequently ordered the state government to conduct a fresh process to select and install the new Soun.
The Point had reported that Ghandi was installed as the new Soun of Ogbomoso on September 8, 2023; months after the throne had become vacant following the death of the late Oba Jimoh Oyewumi on December 12, 2021. Oba Oyewumi, who died aged 95, ruled for 48 years.
Not pleased with how Ghandi, who was not among the 18 aspirants shortlisted by the ruling family because he purportedly scored a low mark of 107 beat Prince Gbolahan Idowu Oyegoke who allegedly scored 154 to be crowned, one of the contestants to the throne, Prince Kabir Olaoye, approached the court challenging Ghandi’s emergence and the process that brought him to the throne.
In the suit marked HOG/27/2022, the claimant alleged irregularities in the process that led to Ghandi’s emergence as Soun of Ogbomoso, and asked the court to declare him as the next monarch of the ancient town.
While Prince Muhammed Kabir Olaoye was the claimant, the Executive Governor of Oyo State, the Attorney-General of Oyo State, Commissioner for Local Government and Chieftaincy Matters, Oyo State, Ogbomoso North Local Government, the Traditional Council of Ogbomoso North, Prince Amos Olaoye (Mogaji Olaoye Ruling House of Soun Chieftaincy, Ogbomoso), Chief S. S. Otolorin (Areago Of Ogbomoso land and Chairman, Kingmakers of Soun Chieftaincy, Ogbomoso), Chief Salawu Ajadi (Jagun of Ogbomosoland), Chief Tijani Abioye (Bara of Ogbomosoland), Chief David Adenitan Ojo (Ikolaba of Ogbomosoland), Chief Yusuf Kasali Oladipupo (Abese of Ogbomosoland) and Pastor Afolabi Ghandi Oladunni Olaoye were the 1st to 12th Defendants respectively.
Delivering judgment in the matter after about 15 months of legal crossfire, Justice Adedokun based his verdict on two grounds: (1) Whether the 12th defendant (Ghandi) was validly nominated and appointed to fill the vacant stool of Soun of Ogbomoso Chieftaincy by the members of the Laoye Ruling House of Ogbomoso and the kingmakers of Soun Chieftaincy respectively in compliance with the native law and custom?
“2) Considering the facts and circumstances of this case whether the 12th Defendant is entitled to the reliefs sought in his counter-claim.”
Adedokun said, “In proving his case, the claimant called two witnesses and tendered three (3) exhibits admitted in evidence and marked as Exhibits KB1, KB2 & KB3 respectively.
Exhibit KBI is the Annual Volume of the Legislation of the Western Region of Nigeria 1953, Exhibit KB2 is the book titled ‘The Merchant Prince and the Monarch in honour of Oba Oladunni Oyewumi Soun of Ogbomoso Land by Jide Osuntokun & Tunde Oduwobi, while Exhibit KB3 is the Judgment of the Appeal Committee of the Privy Council of June 12, 1942.
“DW4, Oke Akinpelu Muyiwa who is one of the officers of the 4th Defendant Local Government that observed and guided the Laoye Family and the kingmakers has this to say under cross-examination by learned counsel to the claimant Dapo Atanda Esq: It is not true that the family agreed on only 11 candidates. At the end of the meeting, the names were extended to 18 candidates. It is not true that the additional seven names were at my instance. The family first read out 11 names but there was a mild protest from the people who claimed they purchased expressions of interest form and their names were excluded. At the guidance of the Local Government representatives, we guided them to put all the names in the interest of justice and fair play. The family meeting ended up with 18 names and the family forwarded the 18 names to the Local Government and the kingmakers. It was the chairman of the kingmakers, Chief Otolorin that made the names up to 23 names.
“Justice of this case demands answers from DW2 (Mogaji Laoye Ruling House), DW3 (Chief Areago and Chairman of the kingmakers) & DW4 (the officer from the Ogbomoso North Local Government that observed and guided the entire process) on why the 12th Defendant (Pastor Afolabi Ghandi Oladunni Olaoye who was said to have scored 107 marks and rated 19th position at the family screening level, catapulted over Prince Gbolahan Idowu Oyegoke who was adjudged to have got the highest score of 154 marks and rated 1 position. DW4 stated that “the family meeting ended up with 18 names and the family forwarded the 18 names to the Local Government and the kingmakers. It was the chairman of the kingmakers, Chief Otolorin that made the names up to 23 names.
“And DW2 could say that “the nomination of Prince Afolabi Ghandi Olaoye was not done from the entire Laoye family” then the entire process was fraught with irregularities and illegality. Otherwise, at whose instance did the DW3 increase the numbers of candidates to 23 instead of 18 sent from Laoye Ruling House? Besides, DW4 abdicated his duties of observer and guidance when he kept mum upon discovering that DW3 added to the 18 names forwarded by Laoye family. He could not afford to be complacent about the questionable attitude of DW3 to furtively smuggled-in names of aspirants that did not emanate from the Laoye Ruling family.”
The judge held that the Laoye ruling house ought to have presented only one candidate to the kingmakers according to the 1958 Soun of Ogbomoso Chieftaincy Declaration.
“I hold that the emergence of the 12th Defendant (Pastor Afolabi Ghandi Oladunni Olaoye) is irregular, illegal, invalid, null and void. Accordingly, it is hereby declared that the procedure adopted for the nomination of candidates to fill the vacant stool of Soun of Ogbomoso chieftaincy by the members of Laoye Ruling House through the purported 11 (Eleven) member screening committee was not strictly the method envisaged/prescribed under the native law and custom regulating ascension to the throne of Soun of Ogbomoso.
“In the whole issue No I is resolved in favour of the claimant and I hold that the claimant has adduced sufficient evidence before me to prove that the 12 defendant was not validly nominated and appointed to fill the vacant stool of Soun of Ogbomoso Chieftaincy by the members of the Laoye Ruling House of Ogbomoso and the kingmakers of Soun Chieftaincy respectively in compliance with the native law and custom.
“Considering issue No. 2 to me becomes otiose. Therefore, the claimant’s case succeeds while the 12th Defendant’s Counter-Claim is hereby dismissed,” Adedokun ruled.
