Court declares elevation of Baales, Boade Commission report unconstitutional

JUSTICE Olajumoke Aiki of the Oyo State High Court sitting at Ring Road in Ibadan, on Friday declared that the elevation and subsequent installation of twenty-one kings in Ibadan by the Oyo state government is unconstitutional.

Justice Aiki made this pronouncement while delivering judgment in a case filed by the Osi Olubadan of Ibadan land and former Governor of Oyo state, Chief Rashidi Adewolu Ladoja to challenge the constitutional right of the state governor to set up the commission of enquiry on 1957 chieftaincy declaration of Olubadan of Ibadanland.

Legal counsel to Senator Ladoja, Mr Michael Lana had in his application before the court, asked for an order declaring the Commission of Inquiry and any report on the 1957 chieftaincy declaration illegal

In her judgment, Justice Aiki held that the 1957 chieftaincy declaration only made provision for the approval and appointment of chiefs and not beaded crown kings, adding that only the legislature had the power to review or amend any law and not the governor.

She, therefore, declared the commission that recommended the Baales to be upgraded to kings illegal and consequently declared the twenty-one new kings in Ibadan illegal.

Justice Aiki further upheld all the prayers made by Chief Ladoja which included a declaration of any report issued or to be issued on 1957 chieftaincy law as illegal.

Chief Ladoja in the suit filed against the governor asked the court to determine whether the governor has the requisite power to elevate to the position Obas based on the Justice O.A Boade panel report.

Joined as co-respondent in the suit is the head of the panel of inquiry on whose report the reform was carried out, Justice Boade.

It would be recalled that the Justice Boade Commission had recommended the creation of several kings in Ibadan and a white paper was produced upon which the Ajimobi administration installed 21 new kings.

The court held that wearing of beaded crowns is beyond the purview of sections 10, 12 and 25 of the Oyo State Chiefs Law, adding that Section 25 of the Chiefs Law could not be treated in isolation to the provisions of Parts Two and Three of the Chiefs Laws.

Justice Aiki further ruled that Parts two and three of the Chiefs Laws, particularly sections 10, 12 and 25, did not give power to the governor to review the Olubadan chieftaincy declaration, while also restraining the government from accepting and implementing the reports of the commission.

Meanwhile, a judgment in a similar case filed by the Olubadan against the elevation was fixed for February 1 before Justice Aiki.