Ruling on Igbope being distinct from Igboho subsists, as court dismisses appeal

Following the withdrawal of a case filed by the Onigboho of Igboho, Oba John Bolarinwa against the selection and installation of Prince Matthew Atoyebi as Baale of Igbope before the Court of Appeal and subsequent dismissal of the suit delineated CA/IB/305/2012 by Justice J.O. Bada on July 9, the earlier judgment by Justice Mashud Abass of the Oyo State High Court given on May 29 12 subsists.

Justice Abass had ruled in 2012 that Igbope is a community distinct and separate from Igboho and Baale Igbope is not under the control of Onigboho of Igboho. Also, the court held that there is no native law or custom to the effect that Baale Igbope aspirant or elect has to be presented to the Onigboho and had upheld his selection, ratification and installation.

Oba Bolarinwa had filed a suit delineated HSKI/29/2007 before the court against five people; Prince Matthew Atoyebi, The Alaafin of Oyo, Oba Lamidi Adeyemi, Oorelope Local Government, Attorney General of Oyo state and the Oyo State Governor, asking for certain declarations and order.

He had asked for a declaration that Igbope is a quarter in Igboho and Baale of Igbope is under him, that selection and appointment of Prince Matthew Atoyebi as Baale of Igbope is not in line with the Native Law and Custom in respect to the selection/ appointment of Baale Igbope in Igboho and that by the native law, the Alaafin of Oyo, Oba Lamidi Adeyemi has no power to elect the Baale of Igbope without first being selected by kingmakers at their meeting chaired by Oba John Bolarinwa, the Onigboho of Igboho

He also asked for a declaration that only the kingmakers chaired by the Onigboho and summoned by him can select, appoint or ratify Prince Matthew Atoyebi as Baale of Igbope and the court declare that the consent is given by the Alaafin, Oorelope Local Government, Attorney General of Oyo state and the State Governor is not in compliance with the Native Law and Custom regulating the process.

Further, he asked for an order setting aside Alaafin’s consent as well as the selection, appointment and approval given by the government and an order of injunction retraining Prince Matthew Atoyebi from further parading himself as the Baale of Igbope and the government from further recognizing or dealing him as the Baale of Igbope.

ALSO READ: Caleb University records giant strides in e-learning, distributes COVID-19 palliatives

The Onigboho’s arguments were based on the claim that there is no title known as Baale of Igbope but Baale Igbope of Igboho and that Igbope is a quarter in Igboho and therefore under his control and no candidate for the Baale Igbope of Igboho chieftaincy can emerge without passing through him as the chairman of the kingmakers for the Baale Igbope of Igboho chieftaincy title. He asked that the installation be nullified because it was allegedly done without due process

But the defendants all denied the claims and contended that Igbope is a separate town from Igboho and the title of the traditional ruler of Igbope is Baale of Igbope and not Baale Igbope of Igboho, adding that the Onigboho has no traditional role to play in the emergence of a candidate as the Baale of Igbope and is not the chairman or member of the kingmakers for the chieftaincy title.

They argued further that the emergence of Prince Matthew Atoyebi as the Baale of Igbope followed due processes and his installation was done in accordance with the native law and custom of Igbope as it relates to the chieftaincy title of Baale of Igbope, reiterating that the head of kingmakers in Igbope is Baale Iyeye of Igbope and he in conjunction with kingmakers like Agoro, Osi Oba, Ikolaba, Otun Agoro and Balogun of Igbope determine the suitability of a candidate to occupy the stool.

Justice Mahmud had held that the claims of the Onigboho is lacking in merit after resolving all issues in favour of Prince Matthew Atoyebi as Baale of Igbope, as an independent Baale and had dismissed the case filed against him by the Onigboho.

NIGERIAN TRIBUNE