There will be crisis if Soun removes me, Chief Imam tells court
Yinka ADETUNJI
“The 1st Defendant, who is expected to ensure the maintenance of law and order, is now threatening to cause violence by removing me as the Grand Chief Imam of Ogbomoso land, when he has no such power. … That if the threat of removing me as the chief imam of Ogbomoso land or tampering with my office is not restrained, there will be violence and commotion in Ogbomoso Land and the Defendants/Respondent will successfully usurp the power of the Honourable Court.”
Advertisement
That’s an extract from the affidavit in support of motion on notice sworn to at the High Court Registry, Ogbomoso on February 12, by Alhaji Taliat Yunus Olusina Ayilara, Chief Imam of Ogbomosoland.
ogbomosoinsightonline.com reports that Sheikh Ayilara dragged Soun of Ogbomoso Oba Ghandi Afolabi Olaoye and the Soun-in-Coincil to court over the purported plan to remove or suspend him from the position of Chief Imam.
In the suit marked HOG/7/2024 with Soun as 1st defendant and the Soun-in-Council as 2nd defendant, he is seeking twelve reliefs bordering on the inappropriateness of removing him and want court declaration against the move.
In the interim, the court had granted an interlocutory injunction restraining the defendants from going ahead to remove him.
The origin of the crisis is the claim by a section of the Ayilara family which is to produce the Chief Imam following the demise of the last holder of the office Alhaji Adegboyega Sanusi Asafa, that Taliat Ayilara, who was installed by the late Soun Oba Oladunni Oyewumi, is not of their family.
His opponents insisted he be removed and the hullabaloo has engendered a lot of crises though the Chief Imam asserted in his affidavit that the position is not “hereditary.”
Oba Ghandi Olaoye inherited the crisis following his installation on September 8, 2023 but all efforts to find an amicable solution has been abortive leading to the litigation instigated by Sheikh Ayilara.
Ogbomoso Insight found his claim bold and assertive and having the capacity to have far reaching effect when the matter is finally determined by the court. It’s a profound strike at the core of relationship between the traditional and religion institution capable of redefining the bond. An interesting scenario it is indeed.
Read below the affidavit sworn in to by the embattled Chief Imam to restrain the defendants from sacking him.
Advertisement
“AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, Alhaji Taliat Yunus Olusina Ayilara, Male, Muslim, Clergy of Ayilara and, Oke-Agbede, Ogbomoso, Oyo State do make this oath and state as follows;
1. That I am the Claimant/Applicant in this Suit and by virtue of my position, I conversant with the facts deposed to herein.
2. I am the 13th Grand Chief Imam of Ogbomoso land appointed by the Usurah nmittee of Muslim Community in Ogbomoso land.
3. The 1st Defendant/Respondent is the traditional ruler of Ogbomoso land e the 2nd Defendant is the Council of Chiefs comprise of traditional fs in Ogbomoso land who were appointed and rule in accordance with ve Law and Custom of Ogbomoso land with respect to the traditional ion they hold.
4. I say that the central mosque in Ogbomoso land and other mosques are waqf lim Property) and the administration of the mosques is bestowed on Muslim community headed by Imam, Chief Imam or Grand Chief Imam which I am one.
5. I know that the appointment of Imam anywhere in the world is regulated by Islamic rules tenets as it is not chieftaincy or hereditary title.
6. I also say that the right to appoint Grand Chief Imamship of Ogbomoso land is prerogative of Muslims in Ogbomoso community and the appointment is done in accordance with Islamic rules.
7. I know that based on settled Islamic rules, Imam is appointed by the entire Muslim members of the community through a committee called Surah Committee. Surah Committee is a screening committee constituted by Muslim elders/leaders in Muslim community to take decision on Muslim affairs which include appointment of Imam.
8. Following the demise of immediate past Grand Imam of Ogbomoso land, Sheikh Al Aman Yekeen Adegboyega Asafa, sometime in October, 2021, the need to appoint new Grand Chief Imam for Ogbomoso land arose and I was considered suitable for the position of Chief Grand Imam of Ogbomoso land after a screening exercise conducted by Surah Committee led by Alhaji Alimi Surajudeen, the Parakoyi Adini of Ogbomoso land.
9. Consequent upon my appointment as the new Chief Grand Imam of Ogbomoso land, I was presented to late Soun of Ogbomoso, late Oba (Dr.) Jimoh Oladunni Oyewumi Ajagungbade III for his majesty royal blessings being the paramount ruler who was a Muslim.
10. My presentation to late Oba (Dr.) Jimoh Oladunni Oyewumi Ajagungbade I was to honour the late paramount ruler who was a Muslim and who could fer his blessing. This would not have been if the paramount ruler was a Christian.
11. I was appointed the Grand Chief Imam of Ogbomoso land in November, 21 and since then I have been discharging my responsibilities as Grand ef Imam in accordance with Islamic rules and tenets.
12. 1 also know that since my appointment, peace has been reigning in Ogbomoso land and I have been discharging my obligations as Grand Chief Imam of Ogbomoso land to the Muslim community.
13. However, the Defendants particularly the 1″ Defendant who is a Christian, sometime in January, 2024, few months after his installation as the new paramount ruler of Ogbomoso land, threatened to remove me as the Grand Chief Imam of Ogbomoso land.
14. That the threat of my removal became more pronounced when 1 approached the Honourable Court to restrain the Inspector general of Police and the Commissioner of Police in Oyo state from removing or suspending me as the Grand Chief Imam of Ogbomoso land and an interim order was granted to that effect.
15. That the defendants/respondents stated that if the court restrain the Inspector general of Police and the Commissioner of Police in Oyo state, the order of the Court is not binding on them and nobody can prevent them from removing me as the grand chief imam of Ogbomoso despite the fact that they know that I was appointed by the Muslim community through surah committee and my appointment is regulated by Islamic law.
16. The 1st Defendant/Respondent is a Christian and he knows that my appointment as the Grand Chief Imam of Ogbomoso land was done by the Muslim Community in Ogbomoso land and not by the Defendants.
17. I recall that sometimes in 2023, some persons under the auspices of League of Imam and Alfa threatened to remove me. However, the police in their constitutional duty of maintaining law and order wrote and advised the league of Imam and Alfas by its letter dated 16th January, 2023 to desist from act capable of causing breaking down of law and order in Ogbomoso land and that whoever is not comfortable with my appointment should approach the court. The said letter is hereto attached as Exhibit AY 001.
18. Surprisingly, the 1st Defendant/Respondent who is a Christian and traditional ruler and who by virtue of being a Christian can neither participate in the selection nor removal of Grand Chief Imam of Ogbomoso land, upon being installed as the new Soun of Ogbomoso, threatened to remove me as the Grand Chief Imam of Ogbomoso land at the instance of one Mahmud Ibrahim whose son contested the office of Grand Chief Imam of Ogbomoso land with me but lost out at the preliminary stage.
19. Although, I did not take this as serious issue because the 1″ Defendant/Respondent is a Christian and traditional ruler and did not participate in my appointment as Grand Chief Imam of Ogbomoso land, has no right or power to remove me:
20. As a clergy, I know that the position of Imamship is a position exclusively 20. meant for Muslim in Muslim community based on worthy character and sound knowledge of Islamic law (Sharia). The position is neither hereditary nor subjected to Native Law and Custom or traditional system of the town.
21. I know that the rule guiding the appointment of Imam in Muslim community is not strange to Muslims in Ogbomoso land, and this rule has been the guide in the appointment of Grand Chief Imam of Ogbomoso land for many years.
22. The 1st Defendant, not being a Muslim or a member of Surah Committee that is saddled with the responsibility of appointing and removing Grand Chief Imam, has no power to remove or suspend me.
23. The 1st Defendant/Respondent is a Christian and he has no role to play in the appointment or removal of Imam; the office charged with responsibility of administering mosque and other matters relating to religion of Islam in Ogbomoso land.
24. The 1st Defendant, who is expected to ensure the maintenance of law and order, is now threatening to cause violence by removing me as the Grand Chief Imam of Ogbomoso land, when he has no such power.
25. I say that removal or suspension of Imam or Grand Chief Imam is done by selected Shurah Committee who are Muslims on a verifiable allegation of renunciation of faith or condemnation of practice of Prophet Muhammad (peace be upon him)subject to the decision of competent authority charged with responsibility of resolving dispute.
26. I have never, at any point in time, renounced my faith or condemned the practice of Prophet Muhammad. (Peace be upon him)
27. I know that the Defendants have no legal right and power to remove, suspend or in any way tamper with the position of Imamship of Ogbomoso land which I occupy.
28. The appointment, removal or suspension of Imamship is a prerogative right of Muslim Community in Ogbomoso land which is fully represented by Shurah Committee.
29. The Grand Chief Imam of Ogbomoso land is not a chieftaincy or traditional title and as such, it is not subject to control or supervision of the Defendants.
30. The Defendants are neither a court of law nor Tribunal imbued with competent jurisdiction to remove or suspend me as threatened.
31. That my right as a Muslim and other Muslims in Ogbomoso land is guaranteed by the provision of the Constitution of Federal Republic of Nigeria.
32. That the threat of my removal or suspension by the Defendants is likely to violate my right to freedom of religion as guaranteed by the Constitution of the Federal Republic of Nigeria.
33. That the threat of my removal as the Grand chief Imam of Ogbomoso land if allowed to be carried out by the Defendants /Respondents will likely cause commotion, breakdown of law and order, as the Muslim community that appointed will see it as an insult to them.
34. That if the threat of removing me as the chief imam of Ogbomoso land or tempering with my office is not restrained, there will violence and commotion in Ogbomoso Land and the Defendants/Respondent will successfully usurp the power of the Honourable Court.
35. That the threat of my removal is against security advice as stated in exhibit AY 001 above.
36. That unless the Defendants/Respondents are restrained, the damage their threat if carried out will be irreparable.
37. I approach this Honourable Court for the protection of my right and my office as the Grand Chief Imam of Ogbomoso land, from being breached by the Defendants.
38. That I undertake to indemnify the Defendants/Respondents in the unlikely event that this Application is granted in error.
39. 1 depose to this affidavit in good faith believing same to be true and in accordance with the Oath Acts.”
