The Court of Appeal, Ilorin Division, on Tuesday nullified the appointment and installation of Alhaji Mufutau Gbadamosi Esuwoye as the Olofa of Offa and ordered the state government to install Alhaji AbdulRahuf Adegboyega Keji as the rightful occupant of the throne in the ancient town.
The decision by the appellate court set aside the decision of an Ilorin High Court which had on July 19, 2012 affirmed the appointment and installation of Gbadamosi Esuwoye as the Olofa. Adegboyega Keji, dissatisfied by the position of the court, had sought the intervention of the appellate court which eventually gave him victory.
In the lead judgment delivered by Justice Hussein Mukhtar, the appellate court held that from the evidence deposed by the parties, it was clear that the ascension to the throne of Olofa is by rotation between Olugbense Ruling House (appellants at the upper court) and Anilelerin Ruling House to which Gbadamosi Esuwoye belongs.
The court agreed with counsel to the appellant, led by Mr. John Bayeshea, a Senior Advocate of Nigeria (SAN) that the rotation principle has been established since 1969 when the late Oba Keji, from the Olugbense Ruling House agreed to step down from the throne and allowed the late Oba Mustapha Olawore Olanipekun from Anilelerin Ruling House to ascend the throne, in order to allow peace to reign in the community.
The court granted all the reliefs sought by the appellants and in nullifying the appointment and installation of Gbadamosi Esuwoye, restrained him from parading himself as the Olofa of Offa and ordered the Attorney General of Kwara State and the Governor of Kwara state who are 6th and 7th respondents respectively, to install Adegboyega Keji, the second appellant, as the rightful Olofa.
Some of the prayers by the claimants include a declaration that the Anilelerin Ruling House is precluded from producing the candidate to fill the vacancy created by the death of Oba Olawore Olanipekun from the Anilelerin Ruling House;
A declaration that by virtue of Kwara State Government published in the Kwara State Government Press Release No.275 of 9th July, 1969, pursuant to the Report of the Sawyer Commission of Enquiry to Olofa Chieftaincy Stool, ascension to the stool of Olofa of Offa is rotational between the Olugbense Ruling House and Anilelerin Ruling House;
A declaration that the consideration of candidates (2nd claimant and 5th defendant) from the two ruling houses at the same time by the Kingmakers of Offa (1st to 4th defendants), and the acceptance and recommendation of the 5th defendant by the 1st to 4th defendants as Olofa of Offa thereby is illogical, wrongful, unlawful, inequitable, unjust, invalid, null and void and of no effect whatsoever;
A declaration that the appointment and installation of the 5th defendant as the Olofa of Offa by the 7th defendant is wrongful, unlawful, null and void and of no effect whatsoever;
A declaration that the nomination of the 2nd claimant, Alhaji AbdulRauf Adegboyega Keji by the Olugbense Ruling House as the Olofa of Offa is valid and he is the only candidate entitled to be recommended for approval as Olofa of Offa by the Kingmakers of Offa;
A declaration that the 2nd claimant, from Olugbense Ruling House, is the valid and duly nominated candidate of the stool of Olofa of Offa and entitled to be appointed and installed by the 7th defendant;
An order nullifying the appointment and installation of the 5th defendant as the Olofa of Offa and removing him forthwith from the stool of Olofa of Offa;
An order compelling the 1st to 4th defendants to accept the nomination of the 2nd claimant as the Olofa of Offa;
An order compelling the 7th defendant to approve the appointment of the 2nd claimant as the Olofa of Offa. And a further order compelling the 7th defendant to install the 2nd claimant as the Olofa of Offa;
An order of perpetual injuction restraining the 5th defendant from parading himself as the Olofa of Offa.
