Lukman Gbadegesin has asked Governor Seyi Makinde of Oyo State to reverse the appointment of Akeem Owoade as the new Alaafin of Oyo and announce him as the replacement.
Mr Gbadegesin made this demand in a pre-action notice issued through his lawyers to the governor, alleging six specific legal breaches characterising Mr Owoade’s appointment.
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He gave the governor 30 days to meet his demands or risk legal action.
“We request that the Governor and the Commissioner for Local Government and Chieftaincy Affairs address the Issues raised and rectify these breaches within 30 days of receipt of this notice. Failure to do so will compel our client to seek appropriate legal redress In court,” Mr Gbadegesin’s lawyer, Adekunle Sobaloju, a Senior Advocate of Nigeria, wrote in the pre-action notice.
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A copy of the letter seen by PREMIUM TIMES on Thursday is dated 14 January and bears an acknowledgement stamp of the governor’s office with the same date. The governor or the state government has yet to respond to the letter publicly.
It contains what appears to be six prayers he is poised to pursue in court against the governor and other relevant government agents should they fail to meet his demands within the 30-day ultimatum.
Alleged breaches
Mr Gbadegesin, whom the Oyo’s Kingmakers, the Oyomes, unanimously selected on 30 September 2022 as the next Alaafin, contended that the governor’s actions, approving Mr Owoade instead of him to the Alaafin stool, contravened the provisions of the Alaafin Chieftaincy Declaration of 1961 and section 20 of the Oyo State Chiefs’ Law of 2000.
“By announcing a different candidate, the Governor has usurped the powers of the Oyomesi, violating the Alaafin Chieftaincy Declaration of 1961, which makes the Oyomesi the sole authority for the selection of the Alaafin.
“The Governor’s alleged reliance on Ifa consultation contradicts the judgement of the Oyo State High Court of 19th December 2022, which declared Ifa consultation in the selection process unlawful, as it is not provided for in the Alaafin Chieftaincy Declaration of 1961.
“Furthermore, the allegations of bribery by two Oyomesi members, raised over a year after the selection, lack credibility and were not formally communicated to the Governor or investigated,” read parts of the six legal breaches the letter said the governor committed.
Apart from these, Mr Gbadegesin’s legal team said other particulars of Mr Makinde’s legal preaches include the fact that even though he did not suspend, remove, or replace any Oyomesi member, he “unilaterally usurped their roles to convene a meeting and announce a different candidate.”
The letter added that, of the five living Oyomes! members, only two have dissented, while the remaining three and two warrant chiefs still uphold the selection of Mr Gbadegesin, “making the dissenting opinion a minority view”.
Suit in the making
The letter contains possible prayers to be sought in court should the government fail to meet Mr Gbadegesin’s demands.
His lawyers signalled in the letter that if his demands were not met, he would resort to legal action to seek the nullification of the appointment, approval, and presentation of the staff of office to Mr Owoade, which they argue were conducted in violation of established laws.
The legal team also propose to seek “an order setting aside the purported appointment, approval of appointment, and presentation of staff of office to Mr Owoade as Alaafin of Oyo, as it was done in violation of the provisions of the Chiefs’ Law of Oyo State, 2000, and the Registered Alaafin Chieftaincy Declaration of 1961. These actions are unlawful, unconstitutional, invalid, null, and void.”
The lawyers also intend to seek the court’s declaration that Mr Gbadegesin “was validly selected and/or appointed by the Kingmakers of Alaafin of Oyo as the rightful candidate to fill the vacant stool of the Alaafin of Oyo in accordance with the Chiefs’ Law of Oyo State, 2000, and the Registered Alaafin Chieftaincy Declaration of 1961. Therefore, his appointment is valid, lawful, and proper.”
They also look forward to asking the court to issue an order of inunction “restraining Prince Abimbola Akeem Owoade from parading himself as Alaafin of Oyo and or performing the functions of the Alaafin of Oyo or exercising the powers or authority attached to the office and or occupying the stool of the Alaafin of Oyo.”
They will also seek an order “directing the Governor of Oyo State to Immediately and forthwith approve the appointment of Prince Lukman Adelodun Ayinia Gbadegesin validly selected and or appointed by the Kingmakers of Oyo.”
READ ALSO: Despite kingmaker’s opposition, Oyo govt insists Alaafin’s appointment remains
Controversial presentation of the Staff of Office
On Monday, Governor Makinde presented the staff of office and certificate of appointment to the Alaafin-elect, Abimbola Owoade.
The ceremony was held at the Governor’s Office, Agodi, Ibadan.
The event was attended by the new Alaafin, high chiefs, and religious leaders from Oyo town.
On Friday, PREMIUM TIMES reported that the move by the Oyo State Government ignited a firestorm of controversy.
Some Oyo indigenes criticised Mr Makinde for bypassing the Oyomesi—the traditional kingmakers—in the selection process.
Mr Owoade succeeds the late Alaafin, Oba Lamidi Adeyemi III, whose 50-year reign ended with his passing on 22 April 2022.
The 46th coronation of the new Alaafin is set to take place in Oyo town in the coming days.
How Gbadegesin emerged as Oyomesi’s original choice
Following the late Alaafin’s demise, the Oyomesi, in line with the Alaafin Chieftaincy Declaration of 1961, began selecting a successor.
With the governor’s approval in August 2022, the Atiba Local Government facilitated the process, screening 82 candidates from the Agunloye Ruling House.
On 30 September 2022, the Oyomesi unanimously chose Prince Lukman Gbadegesin, grandson of Alaafin Bello Gbadegesin (1956–1966).
The selection was formally communicated to the governor on 4 October 2022, per the Chiefs’ Law of Oyo State.
No petitions were filed during the 21-day appeal period, and the Oyo State High Court dismissed a legal challenge by a dissatisfied aspirant on 19 December 2022, affirming the validity of the process.
However, after the 2023 general elections, two Oyomesi members alleged bribery in Gbadegesin’s selection, though no evidence or formal complaints were submitted.
Governor Makinde withheld approval of Mr Gbadegesin’s appointment for over a year before he announced Mr Owoade as the Alaafin-designate, a widely criticised decision violating customary practices and the law.
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