No law to depose any Oba in Ogun State
By Duro Onabule(duroonabule@gmail.com)
Friday, October 31, 2008

God surely abides in Ogun State, South West Nigeria. Otherwise, the political tension which engulfed that part of the country would not have diffused (especially if it was diffused) so easily. At least, so it seems for now.
The two distinguished figures involved in the public row – Governor Gbenga Daniel and Oba Adedotun Gbadebo, Alake of Egbaland, have reportedly exchanged visits to iron out whatever differences. Still, the government arrogantly exploited Oba Gbadebo’s good gesture by portraying his visit as a trip to apologise to Daniel.

That was inappropriate but far less alarming than the implied threat of Ogun State government to depose Oba Gbadebo as Alake of Egbaland. For the avoidance of doubt, Ogun government described Oba Gbadebo’s comments on the state of roads in Abeokuta as “inciting and undermining and the government might be forced to invoke relevant portions of the chieftaincy law on the Egba paramount ruler.”
Have things gone as bad as this that Ogun government is even ignorant of the limit of its authority to discipline even an offending traditional ruler? What is more, Oba Gbadebo has done only his duty as a traditional ruler.

Meanwhile, there is this dangerous development in Ogun State where the slightest criticism of Governor Daniel is taken as enemy action and where the man is not even complaining, the evil influences down there come charging. The point was well made last time by members of Ogun State House of Assembly who said they had no problem with Daniel as state governor but that Daniel should leash his dogs.

With the recently diffused crisis, members of Ogun State House of Assembly have been vindicated. I had a personal experience. The secretary to the state government had just died in a motor accident near Abeokuta while returning from official duty in Rivers State. To avoid similar incidents in the future, (in this column) condemned unnecessary speed of convoys of state governors and the president as well-known by Nigerians on our roads.

I was woken up that Friday morning by a phone text from a chap from Abeokuta, the state capital complaining that I was criticising Daniel. I asked him if he understands English and if “governors’ and president’s convoys” referred to only Daniel. The man responded that I mentioned Ogun State at least six times.
At that stage, I sent him to his governor with the following text: “Even if I mentioned Ogun State one hundred times, did the accident not claim the life of the secretary to the government? In any case, is Gbenga Daniel now God who should not be criticised? I knew Gbenga Daniel long before you were appointed. If he (Gbenga Daniel) has any complaint, he has my contact number.” The man quietly withdrew.
It is this same mentality that has been woven round ordinary normal (repeat normal) observations of a traditional ruler and even if Governor Daniel complained, those around him should have told him the appropriate line of action.

I am a traditionalist and a veteran of the anti-deposition (of traditional rulers) wars of the past. Twenty-three years ago, my traditional ruler, Oba Sikiru Adetona, Awujale of Ijebuland, conferred on me the prestigious chieftaincy title of Jagunmolu (successful war commander) of Ijebuland. The title is the equivalent of war honours conferred on distinguished soldiers by the British queen or American president.
A previous Ogun State government, again for political differences within a year of assuming office, cooked up charges against Oba Adetona and purported to depose him as Awujale of Ijebuland. I stuck out my neck and publicly stood by Awujale throughout the four-year legal battle and we won. Till today, Oba Adetona remains on his throne as Awujale.

There was an irony in this particular case. The state governor, the late Bisi Onabanjo who claimed to have deposed Oba Adetona was a close friend of the Awujale and was also a big brother to me, all of us from Ijebu-Ode. But we disregarded our blood ties and fought it out in law courts.
My support for the Awujale was based on culture, facts of his case and history of intermitent government over-bearing in humiliating traditional rulers in Yorubaland. Either by accident or design, these salient facts also favour Oba Gbadebo, the Alake of Egbaland in the present controversy.

By the way, one of Oba Gbadebo’s supporters reportedly threatened to invoke the spirit of Egba ancestors during the crisis. That was irresponsible. Suppose thereafter, something providential occurred in Ogun State, a case would have been made for retaliatory ethnic strife. Where anyway, were the ancestors’ spirits when Bashorun Abiola’s election victory was annulled? Were the ancestors acquiescing when Olusegun Obasanjo was jailed last time? How much did the ancestors protest when an Egba son, Olusegun Osoba as governor, was betrayed by another Egba son?

Now, how valid were the charges against Oba Gbadebo? Has Ogun State governor the power or authority to depose Oba Gbadebo or any traditional ruler? None. Oba Gbadebo, the Alake of Egbaland should therefore lose no sleep on threats to depose him. The chieftaincy law with which Oba Gbadebo is being threatened with deposition does not exist since it was pronounced null, void and of no life by a court of law in 1984.
For giving Governor Daniel this information, I am sending him a bill for one hundred million naira more, than what he would have wasted as fees for lawyers in a vain attempt to sustain an illegal and unconstitutional purported deposition of Gov Daniel Oba Gbadebo.

In his critical assessment of state of roads in Abeokuta, was the Alake inciting his subjects? Would Oba Gbadebo be the first to demand amenities for his people? Even if the Alake was criticising Governor Daniel, what law was the Alake breaching? Would Governor Daniel be the first to be criticised by Oba Gbadebo? of neglect or poor amenities is criticism of the man in charge? Oba Gbadebo was not in any way criticising Governor Daniel.
The Awujale of Ijebuland, Oba Sikiru Adetona, as his major responsibility never misses any opportunity to complain against lack of Federal Government (not state government) projects in Ijebuland. The last time the Awujale made such complaint was to the President Olusegun Obasanjo at Ijebu-Ode Stadium in the very presence of Governor Daniel as the host. Obasanjo or any evil influence around him did not accuse Awujale of inciting Ijebus against him or threaten the Awujale with deposition.

Again to be fair to the Alake, he was the first (to be followed by Oba Akiolu of Lagos and the Olubadanof Ibadan) to openly criticise ex-President Olusegun Obasanjo for rendering Egbaland with poor or non-existing amenities throughout his (Obasanjo’s) eight year tenure as elected president. Daniel was similarly hosting President Umaru Yar’Adua when Oba Gbadebo criticised Obasanjo perhaps indirectly but no more directly as he (Oba Gbadebo) did against Daniel.
It is therefore false to portray this crisis as an Egba versus Ijebu matter or that it is an Egba plot against Ijebu governor. Gbenga Daniel is a Remo governor and not Ijebu governor. Ijebu accordingly have nothing against their Egba brothers.

Oba Gbadebo’s criticism against Obasanjo was in fact incorrect in that virtually all federal projects which on paper, were for Ogun State throughout Obasanjo’s eight-year tenure, were all sited in Egbaland. Police Computer College in Abeokuta, borehole in Papalanto, Federal Cardiac Centre in Abeokuta and Power Plant in Papalanto, all of which were duly listed in this column when the Alake spoke but the fact remains that he criticised Obasanjo’s regime.
It is wrong to portray the Alake as criticising Governor Daniel simply for demanding his subjects entitlement – good roads. Even when General Diya, an Ijebu, as Chief of General Staff (second citizen in the country) visited Ijebu-Ode, Oba Adetona demanded Ijebu state for his people first, as the same, Awujale demanded Ijebu state when (the then president) Obasanjo visited.

As for those pushing Daniel to either threaten Oba Gbadebo with deposition or to actually depose the Alake, Ogun State governor should ignore them for their ignorance of the legal and constitutional non-existence of the chieftaincy law since its death was pronounced in 1984 in the Oba-Adetona vs Ogun State government deposition case.

Authoritatively, Daniel is hereby informed that contrary to the overwhelming powers his executive council members gave him to invoke the Ogun State Chiefs Law Cap 23, Ogun State governor should, no such law exists today. Governor Daniel should request from the state chief judge, a copy of the monumental ruling of late Justice Kolawole in the Awujale deposition suit.
An old Western region chieftaincy law with which Alafin Oba Adeyemi (father of present Alafin) was deposed in 1954 completely outsted the jurisdiction of any court of law on any action arising from the law. This was to solidify the injustice meted to the late Alafin deposed despite the report of Lloyd Commission of Inquiry which cleared him of any misconduct.

Unfortunately for Bisi Onabanjo’s Ogun State government, the 1979 Constitution clearly embodies right of fair hearing and renders null and void any state law inconsistent with the federal constitution. Oba Adetona, as a constitutional right, accordingly challenged the legality of Ogun chieftaincy law, (with which he was purportedly deposed) on grounds of inconsistency.
Justice Kolawole accordingly declared null and void not only the state chieftaincy law but also Oba Adetona’s deposition. With that, where and what is the law with which to depose Oba Gbadebo? If Daniel is to pass a new law with which to depose an oba, he will be on a collision course not only with Ogun traditional rulers but also Ogun State House of Assembly members, given the present mutual antagonism of the governor and legislators.
Another aspect of any factless move to depose Oba Gbadebo is that every such exercise has explosive consequences which Ogun State government must prepare. Let us consider this. Governor Daniel deposed Oba Gbadebo. Inevitably, the Alake’s subjects take to the street in violent (extremely violent protests) armed mobile, police are sent in but are overwhelmed by the protesters armed or unarmed.

Armed military personnel are requested or sent in, resulting in fatal causalities and continuing violence. Federal Government will be forced to declare state of emergency. Governor Daniel’s regime will be sacked, an emergency administrator will be appointed to rule the state. Petitions, especially from civil servants with valid documents against Daniel, will flood the administrator’s office. Inevitably, Daniel’s regime will be probed. The verdict? Will ex-head of state Olusegun Obasanjo, as an Egba, be completely without influence in the direction of events one way or the other especially after possible crimes against humanity (his people)?

In between, a formidable team of Nigerian (or even Egba) lawyers will establish in a law court, the nullity (as per a Justice Kolawole’s judgment in Oba Adetonas Ogun State government deposition case) of Daniel’s unlawful deposition of Oba Gbadebo and the Alake will return to his throne.
These are some of the political convulsions Daniel cannot foresee now or is stubbornly prepared to risk because the evil influences around him are either ignorant of, are well aware of but urging him on.

If unluckily he loses office, Daniel will be abandoned by the same evil forces who will then describe him as unwilling to take advice and that power consumed him. Does Daniel really know Nigerians? They will instantly shift to whoever succeeds him. Can he believe such?
Similarly, there is no law in the constitution or electoral act for an outgoing governor to arrogate to himself the sole right to choose which section of a state from where his successor will come or who is the candidate therefrom. In short, no law disqualifies any Egba man from contesting governorship elections in 2011. What is going on is divide and rule. For this exercise, Yelwa and Egba have well-educated potential candidates with credible public service record.

Current deputy governor Salimot Badru since 2003 has earned public admiration for her loyalty to the governor. Governorship materials are made from such loyal and committed lieutenants. General Tunji Olurin is a civil war veteran, an ex-military governor of Oyo State, an ex-commander of ECOMOG troops an ex-emergency administrator of Ekiti State under Obasanjo’s civilian regime. Another potential is distinguished chattered accountant (now senator) Kola Bajomo.
It is, therefore not as if Yewa lacks suitable governorship candidates for 2011 to warrant special treatment or favour for them. Instead, Yewans, should, therefore bid as outstanding Ogun State indigenes, lobby and persuade other two senatorial districts for support – Ogun Central (Egba) and Ogun East (Ijebu).

When lobbying Egba, and Ijebu to support him for re-election in 2003, did Gbenga Daniel inform Egbas and Ijebus that in 2011, in return for any favour these two groups did for him, it would be the turn of Yelwa to produce governor in 2011?
Egbas, therefore have the right to bid for the ticket in 2011. The blackmail against potential Egba candidates must not hold. Senator Iyabo Obasanjo for example. So what? What law bars her as the daughter of an immediate ex-president from contesting? Not in the constitution and not in the electoral act.

•To be contd. next week.