Ondo court upholds Iralepo’s status, dismisses Deji of Akure’s suit

By Boye Oyeyemi

The Ondo State High Court has dismissed a suit filed by the Deji of Akure, Oba Aladetoyinbo Aladelusi, challenging the recognition of the Iralepo of Isinkan, Oba Oluwagbemiga Olofin-Adimula, as a traditional ruler.

The court also affirmed the Ondo State Government’s authority to recognise and upgrade traditional chieftaincies without obtaining the approval of another monarch.

Delivering judgment in Suit No. AK/434/2022, Justice Sunday Olorundahunsi held that the state government acted within its statutory powers in recognising the Iralepo, adding that the applicable chieftaincy law did not require the Deji’s approval.

The Deji, through his counsel, S.O. Adedeko, had argued that his consent was necessary for the recognition of traditional rulers within Akure South Local Government Area, while the Iralepo’s counsel, Chief Olusola Ebiseni, maintained that Isinkan had its own distinct traditional institution, customary rights and territorial boundaries.

However, the state government, represented by F.S. Akinnibosun, defended the recognition, relying on the findings of the Justice Ajama Commission of Inquiry, while the court upheld the decision as consistent with an earlier Court of Appeal judgment directing the affected communities to seek recognition from the State Executive Council.

The court also affirmed the Iralepo’s territorial claim over Isinkan, covering the area from Imuagun to the Aponmu/Owena rivers, relying on documentary evidence, including an earlier judgment of the Akure Native Court.

Consequently, Justice Olorundahunsi dismissed the Deji’s claims and upheld the counterclaims of the Iralepo and the Ondo State Government, restraining the Deji, his agents, chiefs and others acting on his behalf from interfering in the affairs of the Isinkan traditional institution or dealing with the disputed land.

Speaking with journalists after the judgment, Oba Olofin-Adimula said the ruling affirmed the customary law governing the Iralepo chieftaincy and the ancestral identity of Isinkan, adding that the community had long sought recognition of its traditional institution and the right to exercise authority over its ancestral land.