– The position of the Ilasa Ekiti Development Union – IDU on appointment of Regent of Ilasa. The five paged Position Paper dated Nov 7, 2012 was signed by IDU President, Chief Oso Olutope and Secretary, Mr. Akinyemi Olubayo Gabriel
Sequel to the demise of His Royal Highness Oba Abel Jimoh Ajibola, the Alasa of Ilasa Ekiti on the 1st October 2012; the kingmakers and the Ilasa Ekiti traditional council (Alasa-in-council) appointed Princess Jolaade Onipede (nee Ajibola) as the Regent of Ilasa Ekiti in line with the custom and tradition of the town. The appointment was made through a public proclamation by chiefs on 7th October 2012 at Ilasa Ekiti market square.
Princess Jolaade Onipede is the serving Nigeria Ambassador to the Democratic Republic of Congo as such, she was in far away Congo when the Regency appointment was made. On the 30th October 2012, Princess Jolaade Onipede who is the first daughter of the late monarch was officially crowned and inaugurated as the Regent of Ilasa Ekiti at a colourful ceremony that was attended by a mamoth crowd. The Regent ascended the throne of her father immediately and everybody was paying homage and obeisance to her. The entire chiefs of the community paid their loyalty and obeisance to the regent as well. There was a lot to eat, drink and take away by all and sundry. The community wore a brand new look and the inhabitants savoured the peaceful and convivial atmosphere with relish until about noon the following day when some armed thugs swoop on the palace in large numbers to chase away the Regent, the chiefs and members of the late Oba’s family from the palace.
The ‘uninvited guests’ were led by one Mr Adesokan Deji popularly known as ‘Jaru’ and Mr Ajidara Rotimi A.K.A Allan Betta. Mr Adesokan, a dismiss staff of the Department of Security Services, is a Special Adviser to Ekiti State Governor on Security Matters. He is a renowned roughneck and a towering figure among the Kayode Fayemi controlled thugs. Mr Ajidara, on his part serves as the Caretaker Chairman of Ekiti East Local Government, Omuo Ekiti. Ilasa Ekiti forms part of the communities that constitute the Local Government.
In the ensuing melee, the invading thugs in collaboration with a splinter group in the community under the leadership of Mr Ojo Alebiowo (ACN Party Chairman in Ward 10 of Ilasa Ekiti) forcefully installed one Mrs Idowu Comfort as a ‘Regent’. Pronto, the action of the invaders was greeted with approval by the State Government who announced that Mrs Idowu Comfort was the officially recognised Regent in Ilasa Ekiti. The State Government through her Commissioner for Information stated that the appointment of Idowu was in line with the culture and custom of Ilasa Ekiti. Mrs Idowu, was until her recent ‘elevation’ the Chief Agbaajo of Ilasa Ekiti. She is equally the junior sister of the ACN party chairman in Ilasa ward.
At the moment, there seems to be two Regents in Ilasa Ekiti – the authentic regent that is recognised by the community is Princess Jolaade Onipede while the ‘Government Regent’ is Mrs Idowu Comfort. It is worthy of note that while the kingmakers, council of Chiefs and the community at large pay obeisance to Princess Jolaade Onipede as the recognised community leader, the Government Regent – Idowu – does not enjoy recognition by the Chiefs and the people of Ilasa Ekiti. Her case is that of a leader without subjects.
The question that remained unanswered is why the government should sponsor the invassion of a palace by armed thugs to ‘depose’ a regent so as to give room for the appointment of another one. It is our humble submission that the forceful invasion of the palace by the government thugs and the subsequent destruction of the palace and artefacts amounts to gross act of irresponsibility and illegality. It is a conscious attempt to smear the integrity of the traditional institution. What is more, the so called appointment of Mrs Idowu by the Government and her agents as the Regent ammounts to illegality.
By all standards, the State Government is not the appropriate authority to appoint the Regent. The appointment of Regent is an administrative step taking to ensure that there is no lacuna in headship of a community consequent upon the demise of the Oba and pending the time that another Oba will be appointed. The appropriate authority that is saddled with with the responsibility of carrying out the appointment of the Regent is the kingmakers in conjunction with the Council of Chiefs. They are however expected to communicate their choice to the Local Government Authority for appropriate documentation and necessary action.
In the case of Ilasa Ekiti, the kingmakers and the Council of Chiefs rightly made the appointment of Princess Jolaade Onipede as the Regent and communicate the fact of the appointment to the Local Government. It is a pity to note that rather than replying to the memorandum of the kingmakers in a civilised fashion, the State Government decided to take laws into her hands.
On the defence camvassed by the State Government that Ilasa Ekiti custom and tradition provides that Chief Agbajo automatically becomes the regent upon the death of the Oba, it is hereby submitted with respect, that the defence is jejune, lame and a futile attempt to sweep the shameful act of the Government under the carpet. The Government of Ekiti State is not the custodian of Ilasa Ekiti Culture and Customs and the Government is not in any position to interpret the dictates of the town’s customs as well.
Custom is never static and the prevailing custom and tradition is what matters and not a dead custom. Legally speaking, for customary law worth its while; it must fulfull the attributes of: being in existence at the material time; enjoy general application among the people; being accepted as a binding custom; being flexible or elastic; and largely unwritten. As at the time of Oba Ajibola’s demise, the prevailing custom in Ilasa Ekiti is that the dusghter of the king would automatically succeeds him as the Regent. This custom is accepted as binding hence the totality of the kingmakers, chiefs and the community leaders supported and accepted it. Besides, it enjoys general application in Ekiti and Yorubaland.
Our above position enjoys the Supreme Court’s pronouncement in Kimdey V. Military Governor of Gongola State & Ors (1988) 2NWLR pt. 77, P. 4455@ 461 where Karibi Whyte, JSC stated as follows: “It is one of the characteristics of customary law that it must be in existence at the material time”. Equally supporting our position is the pronoucement of Speed Ag. CJ in the case Lewis V. Bankole (1908) 1 NLR 81 @ 83 to the effect that for native law and custom to be enforceable, it must be an: “Existing native law and custom, and not that of by gone days.”
The defence of the State Government is out of place a it is not the prevailing custom in Ilasa Ekiti. It belongs to the custom of by gone days. The prevailing customary law in Ilasa Ekiti is that the king’s daughter succeeds him as a regent. This practice is in line with the practice in all parts of Ekiti State and Yoruba land. It is pertient to point out that customary laws is dynamic and moves with the times and with society. In other words, society changes and reforms customary law to meet its needs and aspirations. This position is adequately fortified by the Court of Law in Alfa V. Arepo (1963) WNLR 95 @ P. 97 where Duffus, J. Rightly observed that “customary law is not static, the law can and does change with the times and the rapid development of social and economic conditions, to reflect what is acceptable to society.”
In view of the aforesaid, one begins to wonder the interest of Ekiti State Government in enforcing a customary practice that is dead and buried in Ilasa Ekiti. This is more so as the State Government is not very keen at enforcing by gone customary practice in other towns.
In Araromi Oke-Ekiti, a neighbouring town to Ilasa Ekiti, Oba Olabode Oloja of Araromi Oke passed on about a year ago. The people of Araromi Oke decided to appoint the daughter of Oloja of Araromi Oke as the Regent in line with their prevailing custom and contrary to their old custom of appointing one Chief Asalu as the Regent. This is even when the Regency of Asalu was contained in the State Government’s white paper on Reports of the Olayiwola Chieftaincy Review Commission. The Fayemi led Government of Ekiti State has not invade Araromi Oke Ekiti in a rude and nauseating manner like it did in Ilasa Ekiti to chase out the Regent and appoint Chief Asalu as the “Government Regent” under the guise of preserving a non-existent custom.
In our view, the only driving force of the State Government is politics. The Government is out for vendetta against Princess Jolaade Onipede who is perceived as a staunch member of the opposistion PDP. This is very unfortunate as there should ordinarily exist a dividing line between culture, custom and politics. It is a shame that Ekiti State Government cannot play politics with maturity, decency and fairness. It is worrisome that the Government that came on board courtesy of judicial affirmation is out to promote and popularise brigandage and hooliganism.
OUR POSITION
Based on the indisputable fact that the Regent of Ilasa Ekiti, Princess Jolaade Onipede, is appropriately appointed in line with the prevailing custom and cultural practice of Ilasa Ekiti; it is our firm position that she remains the authentic ruler of the town pending the time that a new Oba would be appointed. As for Mrs Idowu Comfort, the “Government Regent”, we hereby declare her as persona non grata in he palace and in the affairs of Ilasa Ekiti. If Dr. Fayemi so desires, he may decide to carve an empire for her to control in his Isan-Ekiti hometown.
We call on Dr Fayemi and his mercenaries to stay clear from the cultural practice and custom of Ilasa Ekiti. The efforts of Government to impose an ACN Party faithful who is not a daughter of the late Oba and who is not even from the ruling house of the late Oba would amount to null and void. Government may pocket the remuneration of office of the Regent. We shall pay our Regent from our sweats and we shall provide every bit of her expenses. Ilasa Ekiti Community, the respected Ilasa Council of Chiefs and the Arafamefa shall not be cowed to succumb to the unholy wishes of Ekiti State Government.
We hereby advise Dr Fayemi to face the issues of his credibility problem. This is fast sinking his administration. At the moment, the Governor has been rejected by 70% of the people of Ekiti State due to his unpopular and anti-people policies and ways. His forceful appointment of a “Political Regent” in Ilasa is another testimony of the failure and incompetence of his administration. We hereby assure Dr Fayemi and his ACN party that Ilasa Ekiti will certainly reject them at subsequent polls.
– Chief Oso Olutope, President & Akinyemi Olubayo Gabrie, Secretary