Ondo Monarch Removed: Court of Appeal Upholds Ruling on Illegal Appointment and Customary Law Violation

The Court of Appeal in Akure has delivered a landmark judgment affirming the removal of Babajide Lawrence Oluwole as the Olu-Oke of Oke-Igbo in Ondo State. This decision, which upholds the earlier ruling of the Ondo State High Court, underscores the critical importance of adhering to traditional customary laws in chieftaincy appointments. The case serves as a powerful reminder that modern executive decisions cannot override centuries-old customs without proper legal foundation.

Background of the Chieftaincy Dispute

Babajide Lawrence Oluwole was appointed in 2018 by the Ondo State Government as the Olu-Oke of Oke-Igbo, succeeding the late Timothy Fasawe. However, his appointment was immediately contested by the Aare Kugbaigbe Ruling House, represented by their counsel, Sola Ebiseni. The claimants argued that Oluwole, who hails from the Bamgbala Family, does not belong to the Aare Kugbaigbe Ruling House and was never nominated by it, as required by the customary law governing the chieftaincy.

This dispute highlights a common tension in Nigerian traditional institutions: the balance between state government authority and the autonomy of indigenous customary systems. The Ondo State Government had attempted to use a so-called “Traditional Ruling Quarter system” to widen eligibility to multiple families, but the court found this approach to be alien to the customs of Oke-Igbo.

Key Legal Arguments and Customary Law Principles

The claimants presented a compelling case rooted in the historical governance structure of Oke-Igbo. According to them, only five recognized ruling houses—descendants of the five founders of the community—are entitled to produce the Olu-Oke. These houses have historically produced all 16 previous rulers, establishing an unbroken chain of customary succession.

The customary law in question is not merely a set of informal traditions but a legally recognized framework. In Nigerian jurisprudence, customary law is enforceable as long as it is not repugnant to natural justice, equity, and good conscience, nor incompatible with any existing law. The court’s decision reaffirms that state governments cannot unilaterally alter such customs without proper legislative or judicial processes.

Practical Example: The Danger of Ignoring Customary Law

Consider a similar case in another Nigerian community where a state government appointed a traditional ruler from a family not recognized by local customs. The resulting conflict led to years of communal violence, economic stagnation, and loss of investor confidence. The Oke-Igbo case, by contrast, demonstrates how judicial intervention can restore order and uphold the rule of law, preventing such destructive outcomes.

High Court Judgment and Appeal Process

Delivering judgment on April 13, 2023, Justice Ademola Enikuomehin of the Ondo State High Court upheld the claimants’ arguments and ordered the removal of Oluwole. The court found that the appointment violated the established customary law and that the government’s attempt to introduce the “Traditional Ruling Quarter system” was invalid.

Dissatisfied, the embattled monarch, through his counsel, Olalekan Ojo, SAN, filed a Notice of Appeal on April 17, 2023, which was later amended on May 30, 2025, raising 12 grounds. The appeal argued, among other points, that the Executive Council’s decision had rendered the earlier customary law—contained in the White Paper on the Justice Adeloye Commission of Inquiry—obsolete. The appellant also contended that the High Court judgment, having been delivered beyond three months, was invalid.

Court of Appeal Decision: A Unanimous Affirmation

In a unanimous decision delivered by Justice M.L. Hassan, with Justices P.O. Affen and P.C. Obiorah concurring, the Court of Appeal dismissed Appeal No. CA/AK/97/2023 for lacking merit. The appellate court affirmed the earlier judgment, reinforcing the principle that customary law cannot be arbitrarily set aside by executive fiat.

The court’s reasoning emphasized that the White Paper on the Justice Adeloye Commission of Inquiry did not create new law but merely documented existing customs. Therefore, the Executive Council’s decision could not render those customs obsolete without proper legislative action. Additionally, the court dismissed the argument regarding the timing of the High Court judgment, noting that procedural technicalities cannot override substantive justice.

New Appointment and Implications for Oke-Igbo

Following the court’s decision, the Ondo State Government has approved the appointment of Akintoye Felix Adeoye, a lawyer and former President of the Real Estate Developers Association of Nigeria (REDAN), from the Aare Kugbaigbe Ruling House as the new Olu-Oke of Oke-Igbo. This appointment aligns with the customary law requirements and is expected to bring stability to the community.

Reacting to the judgment, Sola Ebiseni, lead counsel to the new monarch, described the ruling as a reaffirmation of the customary law governing the Olu-Oke stool, as earlier established by Justice Enikuomehin. He expressed optimism that the decision would foster unity in the ancient town, which had been divided by the protracted legal battle.

Broader Lessons for Traditional Institutions in Nigeria

This case offers several important lessons for stakeholders in traditional institutions across Nigeria:

• Customary law is not optional: State governments must respect established customs when making chieftaincy appointments. Attempts to bypass these customs will likely be struck down by the courts.
• Judicial oversight is essential: The courts serve as a critical check on executive power, ensuring that traditional institutions are not politicized or manipulated.
• Documentation matters: Communities should document their customary laws clearly to avoid disputes. The Justice Adeloye Commission of Inquiry’s White Paper played a key role in this case.
• Legal representation is crucial: The claimants’ success was due in large part to their skilled legal team, which effectively argued the nuances of customary law.

Conclusion

The Court of Appeal’s decision in the Olu-Oke of Oke-Igbo case is a significant victory for the rule of law and the preservation of traditional institutions in Nigeria. It sends a clear message that customary law cannot be ignored or overridden by executive decisions without proper legal process. As communities across the country grapple with similar disputes, this judgment provides a valuable precedent for resolving chieftaincy conflicts through judicial means rather than violence or political manipulation.

For the people of Oke-Igbo, the ruling offers an opportunity for healing and unity under the leadership of the newly appointed monarch, Akintoye Felix Adeoye. The hope is that this decision will not only restore peace but also strengthen the community’s commitment to its rich cultural heritage.

[[PEAI_MEDIA_X]]

---