Ruminating on the consequences of installing an Oba based contrary to the operative of the native law and custom, the OBA OJON OF EJIGBO CASE.
There is no doubt that that will be a recipe for breakdown of law and order. The Oba would crave to command obedience, respect and loyalty, the Oba could get this from some subjects willy nilly by sheer use of force and by bribing or buying of loyalists, while sections of the community whose rights are infringed upon would resist it such as the ruling houses. Also the elites of the community will also resist the development as they would be subjected to alien rule which would distort their custom, tradition and culture. The Oba would install and appoint loyalists of his own that will enforce his will totally contrary to the customs and traditions of the community.
The community in their traditional settings has their Olori Ebi and Baale who will act independent of the Oba and may not subject themselves to the Oba particularly in the control of their land and their customs. Their will be obvious confusion in the land, every traditional action of the Oba may not have the cooperation of the Omo Oniles and Princes who do not recognize the Oba. Unintentionally, the community will have two authorities; the defacto leader- the Olori ebi and the de jure leader- the wrongful Oba. The intensity of the rivalry will be determined by their clashes.
The Oba leveraging on government recognition and authority, would aspire to suppress and silence the defacto leader of the community, the olori ebi, whose authority and recognition is from the native law and custom of the community that is more fundamental and obviously in line with the operative mandate of the Ministry of Local Government and Chieftaincy Affairs and the philosophy of local and Traditional governance closest to the objective of government in that regard. Therefore, the wrongful recognition, crowning and installation of an Oba that is not in accordance with the native custom and tradition of the community and acceptable to the community; otherwise, the purpose of government will be defeated.
We have argued elsewhere and still believe that the Lagos State Government is a responsible government and would never be mischievous. The landmark cases and developments that we have in Nigeria have their origin in Nigeria; nevertheless, errors are sometimes committed. The event of the recognition of the stool and crown and gazetting of the Oba Ojon of Ijon as the Oba of Ejigbo is with respect, an inexplicable decision. Unlike other cases, the Supreme Court judgment of May 1953 in the case SC/57/51 succinctly settled any confusion or misunderstanding that may have existed on the Kingship, crown and stool of Ejigbo. The salient issues highlighted in the Supreme Court Judgment under reference are:
i.) Ejigbo is distinct from Ijon. This was based on the evidence that there is a place called Ijon, about 5 to 11 miles away from Ejigbo. In other word, the territories or communities, Ejigbo and Ijon are not the same. The Ejigbo traditional and oral history support this fact. The Ejigbos state that the Ijons came to Ejigbo sometime in the 18th century as a result of the Dahomey and Egba wars. The Ijon presently occupy a place at Alimosho Local Government. The Ejigbo oral history has it that they receive the Ijons and their king, Oba Ojon as war refugees on exile. They gave them land to live and work.
ii.) The Supreme Court judgment affirmed that the head of the Ijons is called the Ojon. In other word, Ojon is the king or Oba of the Ijon.
iii.) The Supreme Court judgment held that the Ejigbos are the landlord, while the Ijons are trespassers in the case before the Supreme Court that touched on the ownership of the land. The Ijons through the Ojon was laying claim to tbe land the Ejigbos gave to them as of right and not tenants by derogating the rights of the landlord, Ejigbo.
It s therefore unfathomable how and where the Lagos State Chieftaincy Commission arrived at the decision that Oba Ojon of Ijon even though he chose to live in Ejigbo as explained earlier has Ejigbo as part of his territory. With due respect, it is wrongful, miscarriage of judgment, erroneous and mischievous. The position of Lagos State Government on the Ejigbo Chieftaincy matter is assailable and cannot stand. The decisions reached are arrived per incuriam. Itmust be corrected in order to do justice and follow the established order as enunciated by the Supreme Court in its considered judgment. Lagos State is set up by law and operates by law and must act in accordance with the law. The recognition, approvals, crowning of the Oba Ojon of Ijon as Oba of Ejigbo does not follow the law are eloquently expressed by the Supreme Court in its judgment in suit SC/57/51.
Happily, the Princes of Ejigbo are law abiding, they have maintained peace and have presented a petition to the Commissioner of Local Government and Chieftaincy Affairs to correct the anomalous recognition of Oba Ojon of Ijon as Oba of Ejigbo. The Ejigbos have Elejigbo as their Oba and do not have any ancestral relationship with the Ijons or their Oba, the Ojon. It is strange to Ejigbo and sacrilegious to their revered tradition and custom. The Ejigbo ancestral deities are worried and are threatening, and the Ejigbo indigenes are restless. The clashes between the Oba Ojon and the Ejigbo princes and Traditional rulers have gone to Ejigbo Divisional Police, Area D Police Command, Commissioner of Police, FSARS. For how long would this state of affairs continue?
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| Barr. Cliff Oforji |
The community in their traditional settings has their Olori Ebi and Baale who will act independent of the Oba and may not subject themselves to the Oba particularly in the control of their land and their customs. Their will be obvious confusion in the land, every traditional action of the Oba may not have the cooperation of the Omo Oniles and Princes who do not recognize the Oba. Unintentionally, the community will have two authorities; the defacto leader- the Olori ebi and the de jure leader- the wrongful Oba. The intensity of the rivalry will be determined by their clashes.
The Oba leveraging on government recognition and authority, would aspire to suppress and silence the defacto leader of the community, the olori ebi, whose authority and recognition is from the native law and custom of the community that is more fundamental and obviously in line with the operative mandate of the Ministry of Local Government and Chieftaincy Affairs and the philosophy of local and Traditional governance closest to the objective of government in that regard. Therefore, the wrongful recognition, crowning and installation of an Oba that is not in accordance with the native custom and tradition of the community and acceptable to the community; otherwise, the purpose of government will be defeated.
We have argued elsewhere and still believe that the Lagos State Government is a responsible government and would never be mischievous. The landmark cases and developments that we have in Nigeria have their origin in Nigeria; nevertheless, errors are sometimes committed. The event of the recognition of the stool and crown and gazetting of the Oba Ojon of Ijon as the Oba of Ejigbo is with respect, an inexplicable decision. Unlike other cases, the Supreme Court judgment of May 1953 in the case SC/57/51 succinctly settled any confusion or misunderstanding that may have existed on the Kingship, crown and stool of Ejigbo. The salient issues highlighted in the Supreme Court Judgment under reference are:
i.) Ejigbo is distinct from Ijon. This was based on the evidence that there is a place called Ijon, about 5 to 11 miles away from Ejigbo. In other word, the territories or communities, Ejigbo and Ijon are not the same. The Ejigbo traditional and oral history support this fact. The Ejigbos state that the Ijons came to Ejigbo sometime in the 18th century as a result of the Dahomey and Egba wars. The Ijon presently occupy a place at Alimosho Local Government. The Ejigbo oral history has it that they receive the Ijons and their king, Oba Ojon as war refugees on exile. They gave them land to live and work.
ii.) The Supreme Court judgment affirmed that the head of the Ijons is called the Ojon. In other word, Ojon is the king or Oba of the Ijon.
iii.) The Supreme Court judgment held that the Ejigbos are the landlord, while the Ijons are trespassers in the case before the Supreme Court that touched on the ownership of the land. The Ijons through the Ojon was laying claim to tbe land the Ejigbos gave to them as of right and not tenants by derogating the rights of the landlord, Ejigbo.
It s therefore unfathomable how and where the Lagos State Chieftaincy Commission arrived at the decision that Oba Ojon of Ijon even though he chose to live in Ejigbo as explained earlier has Ejigbo as part of his territory. With due respect, it is wrongful, miscarriage of judgment, erroneous and mischievous. The position of Lagos State Government on the Ejigbo Chieftaincy matter is assailable and cannot stand. The decisions reached are arrived per incuriam. Itmust be corrected in order to do justice and follow the established order as enunciated by the Supreme Court in its considered judgment. Lagos State is set up by law and operates by law and must act in accordance with the law. The recognition, approvals, crowning of the Oba Ojon of Ijon as Oba of Ejigbo does not follow the law are eloquently expressed by the Supreme Court in its judgment in suit SC/57/51.
Happily, the Princes of Ejigbo are law abiding, they have maintained peace and have presented a petition to the Commissioner of Local Government and Chieftaincy Affairs to correct the anomalous recognition of Oba Ojon of Ijon as Oba of Ejigbo. The Ejigbos have Elejigbo as their Oba and do not have any ancestral relationship with the Ijons or their Oba, the Ojon. It is strange to Ejigbo and sacrilegious to their revered tradition and custom. The Ejigbo ancestral deities are worried and are threatening, and the Ejigbo indigenes are restless. The clashes between the Oba Ojon and the Ejigbo princes and Traditional rulers have gone to Ejigbo Divisional Police, Area D Police Command, Commissioner of Police, FSARS. For how long would this state of affairs continue?
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