JUST IN: Fapote royal family Ogbomoso floors Peter Adetunji in court, removed as Ologogo, sentenced to 6 months imprisonment

Khalid ABRAHAM

An Oyo state High Court sitting in Ibadan has ordered the removal of Chief Peter Adetunji as Baale (Ologogo) of Ogogo in Oriire local government area in Ogbomoso zone.

This is as a Magistrate Court sitting in Ikoyi-Ile found him guilty of illegal sales of lands belonging to the Fapote family, sentencing him to six months imprisonment though with an option of fine.

Judgements were delivered in the two cases in July, ending about six years of legal battles.

Delivering judgement in suit no. HOG/12/2020, instituted by the trio of Peter Adetunji (Ologogo of Ogogo), Alhaji Ismail Akorede Oladipupo (head of Ogogo Egbejoda and Alaguntan) and Pa Joseph Ajayi Laka (Mogaji of Ologogo royal family) against Chief Olusegun Ishola (Ologogo installed by Fapote royal family) and Chief John Oyeyiola Ogundipe (Alara or Baale Fapote), Justice K.A. Adedokun averred that the defendants who were also counter-claimants (Olusegun Ishola and Chief John Oyeyiola Ogundipe) proved their cases convincingly and as such “are entitled to the relief sought by their counterclaim.”

The claimants had sought 10 declarations from the court including that only the Ogogo family had the power to nominate or appoint Ologogo subject to the consent of Onikoyi of Ikoyi – Ile, that Baale Fapote is not the consenting authority over the Ologogo chieftaincy, that the appointment of the first defendant (Olusegun Ishola) by the 2nd defendant Baale Fapote is illegal, an order that Peter Adetunji is the “authentic and recognised of Ologogo of Ogogo,” nullifying the appointment of Olusegun Ishola and thus “a perpetual injunction restraining” Ishola from parading himself as Ologogo and Baale Fapote claiming to be consenting authority over the Ogogo chieftaincy.

The defendants however made counterclaims contrary to the above reliefs sought by the plaintiffs affirming Fapote gave lands to Ogogo and others and as a result reserves the power of consenting authority over the chieftaincy therefore prayed for a declaration to nullify the installation of Peter Adetunji as Ologogo by the Onikoyi, whose installation it noted was after their own appointee, Olusegun Ishola. They consequently sought injunctions restraining Peter Adetunji from parading himself or being recognised as the Ologogo and from further receiving from government the emoluments or stipends and any other benefits attached to the stool.

Both parties called witnesses just as the counsels, Ayoola Ajayi Esq and Abdulhafeez Idrees Esq, for the defendants and claimants respectively, in their final written addresses, formulated two separate issues for determination, with the judge however adopting the one by the defendants’ counsel.

“Considering the evidence of DW1 and DW2 and the documentary evidence above referred to, l hold that the Defendants/Counter-claimants have proved their Counter Claim to the satisfaction of this Honourable Court and they are entitled to the relief sought by their counterclaim,” therefore declaring the appointment of Peter Adetunji as wrong and unlawful, null and void, and amounted to duplication since no court removed Olusegun Ishola earlier appointed by Alara Fapote. The judge averred the installation of Adetunji negated the “native law and custom of the Ogogo family and the Yorubas and the law and same is unsustainable.”

The court also ruled that the Onikoyi of Ikoyi-Ile has no power or authority to confer traditional title on Fapote land without the permission or authority of Alara Fapote and as such granted an order of injunction restraining Peter Adetunji from parading himself as the Baale of Ogogo and from being recognised as such and from further receiving emoluments or stipends or any benefits attached to the office of Baale Ogogo. “That is the judgement of the court,” Justice Adedokun declared.

In the second case (suit no MOG/148C/2021) between Commissioner of Police (complainant) and same Chief Peter Adetunji (defendant), held at the Oyo State Magistrate Court, Ikoyi-Ile, Magistrate Aderemi A. Adebiyi sentenced Peter Adetunji to 6 months imprisonment with an option of ₦100, 000 fine and ordered him to pay a sum of ₦50, 000 to Chief John Oyeyiola Ogundipe Alara (Baale) of Fapote as a form of restitution.

The case was instituted after the Baale Fapote complained to police that the defendant sold his family lands without their consent even though he was a tenant. Peter Adetunji therefore faced a two-count charge of “unlawful and forcible entry and conduct likely to cause breach of peace contrary to and punishable under Section 81 and 249 (d) of the Criminal Code Cap 38 Vol II Laws of Oyo State of Nigeria 2000.”

Though the defence counsel Abdulhalfeez Idris Esq. argued that ownership of the said land is in dispute by virtue of a 2019 suit (HOG/12/2019), the judge went ahead to deliver judgement based on certain “decided authorities,” declaring it would only concern itself with “who is actually in possession as possession is the essential ingredient of the offence not ownership.”

“From the totality of evidence before this Court, it is clear that the possession of the land is with Ogogo family,” which recognises Alara Fapote as “their overlord.”

Pronouncing the judgement, Magistrate Aderemi A. Adebiyi quoting, “Section 81 of the Criminal Code Cap 38 Vol. II Laws of Oyo State of Nigeria, 2000,” which provides thus: “Any person who, in a manner likely to cause breach of peace or reasonable apprehension of a breach of peace, enters on land which is in actual and peaceable possession of another is guilty of misdemeanor and is liable to imprisonment for one year. It is immaterial whether he is entitled to enter on the land or not. In the circumstance this Court having found the defendant guilty in respect of Count 1 of the charge,” declared Peter Adetunji was guilty and so sentenced to 6 months jail term or an option of ₦100, 000 fine to be paid into the coffers of the Oyo state government, as well as a sum of ₦50, 000 to be paid to Chief John Oyeyiola Ogundipe Baale Fapote.

Alara of Fapote Chief John Oyeyiola Ogundipe while speaking with newsmen hailed the judgement as a validation of historical antecedent.

He maintained Fapote is the overlord of the Ogogo people and other communities from time immemorial saying they are settlers on their land. “We ratified the first Baale of Ogogo Sunday Odekunle (now late) in the 2010s but because at the time we were a minor chief we asked late Onikoyi of Ikoyi-Ile to perform the installation. By the time Sunday Odekunle passed away our chieftaincy had been elevated to Part II and so our right to install a minor chief was restored,” Alara Fapote Chief John Oyeyiola Ogundipe said.

“We consented to the nomination of Chief Olusegun Ishola as the next Baale Ogogo and l installed him, Olusegun Ishola on July 17, 2019. However, a section of the Ogogo family went to the Onikoyi and got Peter Adetunji installed as a rival Baale Ogogo on November 29, 2019, claiming Onikoyi and not us had consenting authority over Ogogo, which is a negation of our (and their) law and custom. And then Peter Adetunji started to sell our land without our consent. That was the basis of the cases. Thank God the Court had given judgement to uphold what has always been. By this our appointee, Olusegun Ishola, is affirmed as the authentic and recognised Ologo of Ogogo. There is no more controversy on that. It is a validation of history.”