Chieftaincy Tussle: Court Admits Amendment To Writ In Ogunsua Obaship Case

AN Osun State High Court sitting in Modakeke in Modakeke Area
Office has granted the prayer for an amendment to names of the
seventh defendant in a writ by members of the Ile Oba Ogunsua royal
family against a chieftaincy declaration on the customary law
regulating the selection of the Ogunsua of Modakeke.

The amended chieftaincy declaration under Section 4 (2) of the
Chief’s Law 2002 had regulated and enforced the selection of the
sitting Ogunsua of Modakeke, Oba Moses Oyediran, on the 5th of
September, 2009.

The plaintiffs in a suit number HMD/6/2018 between Prince Azees
Akinsanya, Prince Ige Oyediran; Prince Sulaiman Ajani; Prince
Bashiru Adeyemi and Prince Adegboye Samuel (plaintiffs) and Osun
State Government, Governor of Osun State, Attorney General and
Commissioner for Justice; Commissioner for Local Government and
Chieftaincy Affairs; Chief Moses Oyediran; Ooni of Ife, Oba Adeyeye
Ogunwusi and Mr Julius Odegbemi avered that there is only one
ruling family in Modakeke.

Earlier, the plaintiffs in a petition dated December 17, 2018,
addressed to the Permanent Secretary, Ministry of Local Government
and Chieftaincy Affairs, Osogbo, Osun State, signed by Prince Ahmed
Akinsanya; Prince Bashir Adeyemi; Prince Ahmed Oyedumade and Prince
Akanmu Oyewusi; had asked that the 2002 amendment should be
repealed.

Meanwhile, the plaintiffs in their letter to the Ministry had
stated that there was a need to reject the approval of the amended
declaration.

In court on Tuesday, counsel to the defendants, Chief Goke
Akinrotimi, called the attention of the court to errors in names of
the fifth and the seventh defendants (Oba Oyediran and Mr Odegbemi)
as written in the writ where the plaintiffs’ counsel described the
monarch as a chief instead of addressing him as Oba and Mr Julius
Odegbemi was written in error by the plaintiffs’ counsel as Bisi
Odegbemi.

The defendant’s counsel said: “We raised observation on the
names of the fifth defendants in person of the Ogunsua of Modakeke
and the Chairman of Modakeke Descendants Union. Instead of writing
Chief Oyediran, they should have written Oba Moses Oladejo Oyediran
but the court has corrected us saying that writing chief instead of
Oba doesn’t have anything to do with the merit of the case since my
client bears Oyediran.

“But in respect of the 7th defendant, who is Mr Julius Odelola
Odegbemi, they wrote Bisi Odegbemi instead. The defendant never had
Bisi as his name. Now they have corrected it to read the proper
name of the 7th defendant. Now we are ready for hearing.”

Counsel to the plaintiff, Mr Salawu Adekunle, said his clients’
application was aimed at restraining government and other agencies
involved in the selection of the Ogunsua from the selection
considering the illegality of the action.

Adekunle said: “To a reasonable extent, our motion has thrived
but the defendants are contesting the correctness of the names. As
you have seen in court today, we have amended the errors on the
names orally.

“As it is now, we are prepared. The defendants are just trying
to take their time. They are praying to come back to file their
defence to our writ together with the counter affidavit to the
motion on notice.

“The defendants’ counsel asked us to address the defendants as a
king but we have insisted that there is no king in place. As
regards injunction, the court has given a date.”

The Judge, Justice A.L. Adegoke, said, the amendment of the
error in the name was necessary but whether the plaintiffs
addressed the king as a chief or Oba, “is a mere issue of
nomenclature and, therefore, does not affect the case in any
way.”

The judge adjourned the case to February 26 for hearing.