The supreme court has affirmed the selection of Oba Mufutau Mohammodu Gbadamosi Esuwoye as the Olofa of Offa, Kwara State, as successor to the late Oba Mustapha Olawore Ariwajoye II.
The apex court on Thursday, set aside the decision of the Court of Appeal, Ilorin Division on whether or not there were two ruling houses in Offa; whether the Olugbense Ruling House was entitled to the stool; and whether there was an extant rotational policy that allows both houses to rotate among themselves succession to the stool.
It resolved all the issues in favour of the appellant, Oba Esuwoye, and declared that “no rotational policy exists in Offa in relation to the appointment of Olofa of Offa whenever a vacancy occurs to the stool/throne.”
It also held that “on the prevailing native law and custom of Offa people, the only ruling house that exists for the purpose of appointing an Olofa of Offa is the Anilelerin Ruling House.”
In addition, said the court, “the Kwara State Government Gazette No. 11 Volume 4 of 12th March 1970 and any other notices, as it recognises Olugbense as a ruling house in Offa in relation to the Olofa of Offa stool/throne, is null and void as same is contrary to the history, custom and tradition of Offa people in relation to the said stool.”
It perpetually restrained the state government and the Attorney General of Kwara State from “treating and/or recognising the Olugbense Ruling House as a ruling house that has a right to the chieftaincy title or stool/throne of Olofa of Offa.”
In the lead judgment of the unanimous decision of a five-man bench, prepared and read by Justice Walter Samuel Nkanu Onnoghen, parties to the dispute and other indigenes of Offa were enjoined to seek an amicable way of ensuring peaceful resolution of other surrounding issues.
Justice Onnoghen said: “The customs and traditions of the people, being dynamic, are subject to changes, depending on the practices of the people concerned at the particular time. It is hoped that, in due course, Offa people, particularly the ruling houses, will see the need and reasons to effect the necessary changes to enable Olugbense descendants ascend the stool once again. The parties are encouraged to talk things over and find a peaceful solution to the problem and advise the Kwara State Government accordingly.”
The dispute arose from disagreement between the Olugbense and Anilelerin ruling houses over who should succeed Oba Ariwajoye II who died in March 2010. He came from the female line of the ruling house known as Anilelerin.
Following the death of Olawore Ariwajoye II, the kingmakers called for nomination from the Olugbense (the male ruling house) and Anilelerin (the female ruling house) to fill the vacancy. Alhaji Gbadamosi Esuwoye emerged as the candidate of Anilelerin Ruling House, while Alhaji Abdulrauf Adegboyega Keji was produced by the Olugbense Ruling House.
Gbadamosi Esuwoye was chosen to succeed the late Olofa. He was subsequently appointed and given the staff of office by the Kwara State government.
Dissatisfied with the development, the Olugbense Ruling House went to the High Court of Kwara State, contending that since the state government had accepted the rotational principle in 1969 and adopted it to produce the immediate past occupier of the stool, the new government in the state could no longer depart from that tradition because “government is a continuum and the decision of the Kwara State Government in 1969 is binding by virtue of the public policy of the 5ft and 6th respondents (the Attorney General and Governor of Kwara State).
