September 21, 2015
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- Law News
THE sacked monarch of Igbindo Community in Ondo West council area of Ondo State, Oba Olaniyi Ogundoju has filed an appeal to challenge the judgment which ousted him.
He was asked to vacate the stool of the Akinnuwa of Igbindo two weeks after his installation.
Ogundoju, who is from Ogbowo Okun Ruling House was dragged to court by some princes from the same ruling house, led by Adetutu Fashole and Okunade Fashole on the ground that he was not eligible to be the Oba.
They alleged that the monarch hails from the female lineage of the Ogbowo Okun Ruling House hence is not entitled to the throne.
Justice Olabode Adegbehingbe of the state high court had ruled that since only sons from the male lineage could be made monarch.
He said that “Ogundoju is not eligible to contest and ascend the vacant stool of the Akinnuwa of Igbindo from the Ogbowo Ruling House, whose turn it is to fill the vacant stool, having hailed from the female line of the ruling house.”
But Ogundoju in an appeal filed by his lawyer Kunle Adetowubo, urged the Appellate court to set aside the lower court judgment and return him to the throne.
In the eight grounds of appeals, his counsel said the trial court ignored testimonies of the witnesses presented by his client to establish the fact that children from the female line of Otutubiosun ruling house reigned as kings of community at different time.
He added that the lower court also failed to appreciate the testimonies of appellants witnesses both written and oral which substantially complied with the provisions of section 18(1) of the evidence act 2011 as amended.
The counsel said that: “The court failed to establish the fact that members of the Ogbowo Okun Ruling House properly concluded the nomination of Ogundoju as the traditional ruler of the town.
“It is not the law, custom and tradition of the Igbindo people that only male from the ruling houses are qualified to aspire, be nominated, as Akinnuwa of Igbindo.
“We want the court to establish this that the appointment of Ogundoju as the Oba of Igbindo was approved by the entire members of Ogbowo Okun houses including those who took him to court and the king-makers.”
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