Romanus Okoye
LAGOS High Court sitting at Ikeja, yesterday, declared that the Oba of Lagos, Rilwan Akiolu was “validly, legitimately and lawfully elected” and struck out the suit of the challengers to the throne.
The claimants had claimed among other things that due process was not followed in the nomination, selection and election of Oba Akiolu; that the 90 days rule which they claimed to be customary was not observed; and that the position of the Oba was rotational and that only members of the Ologun Kutere and Akinsemoyin ruling households were entitled to the throne. They also alleged that proper customary rules and procedures were not followed when he was installed as Oba in May 2003. They therefore asked the court to nullify the election of Oba Akiolu and order him to stop parading himself as the Oba of Lagos.
But in a judgment that lasted over two hours, the presiding judge, Justice Adebowale Candide-Johnson declared that the claimants did not discharge their responsibility as required by the law, because he who alleges or asserts must prove.
He said that there was no evidence before him to prove that 90 days rule was required in the installation of an Oba; as such was not observed in the case of Oba Oyekan; adding that the defence was able to prove that it was the position of Erelu Oba that is rotational among the ruling houses and not the Oba position.
The judge also stated that the defence was able to prove that Oba Akiolu’s lineage could be traced to Oba Ado; adding that the claimants agreed under cross examination that it was the responsibility of the kingmakers to deter- mine the number of days required to elect the Oba.