Omido, a sleepy Igbomina community in Irepodun Local Government area of Kwara State went agog recently as the Court of Appeal sitting in Ilorin, the state capital, resolved the tussle over the stool of Alapa of Omido.
The appellate court in a landmark judgment set aside the earlier decision of Justice Coram Gafar of the Omu-Aran division of the state High Court which nullified the presentation and installation of Oba Adegboyega Adeyemi as the Alapa of Omido.

The three-man panel presided over by Justices Tijani Abdullahi, Sotonye Deton-West (who delivered the lead judgment) and Chima Nweze upheld the appeal brought by Oba Adeyemi and five other leaders in the community.

Prince Abiodun Ogundele had instituted the action at the lower court for himself and on behalf of other members of Omodoba Aroge Ijadekun of Awosilo lineage of Amuyunbole Royal House, Omido, to challenge the presentation and installation of Oba Adeyemi from Eniayewu lineage of Amuyunbole ruling house as Alapa of Omido.

The trial court in its judgment delivered on July 28, 2010 nullified the presentation and installation of Oba Adeyemi while also restraining other defendants from parading him as Alapa of Omido.
Other defendants in the suit include Baale of Omido, Chief Jimoh Abolarin; Odogun of Omido, Chief Simon Abifarin; Edemo of Omido, Chief Zephaniah Ogunsina; Odofin of Omido, Chief Julius Taiwo and Elekan of Omido, Chief William Ologunde.

However, the appellants were dissatisfied with the verdict of Justice Gafar and launched an appeal against it at the appellate court. In their appeal filed through their counsel, Toyin Oladipo, the appellants had inter alia urged the appellate court to set aside the judgment of the lower court and uphold the installation of Oba Adeyemi as the Alapa of Omido.

Delivering judgment in the matter, the appellate court in its lead judgment delivered by Justice Deton-West which was agreed with by the other justices, the court set aside the judgment of the lower court as prayed.
Rejecting the evidence relied upon by the respondents, i.e exhibits three and four – letters written to Omido by the Amuyunbole Ruling House, which persuaded the trial court to return its verdict in favour of the respondents, the court held that the lower court erred in law to have admitted them as both exhibits do not qualify to be admitted under Section 91 of the Evidence Act.

Specifically, the court held that the two exhibits were originally written in Yoruba language which was not the language of the court, while the failure to call to testify the purported translator of the content of the exhibits was fatal to the case of the respondents as it rendered them completely inadmissible.

Besided, the appellate court faulted the purported protest of Ogundele (the respondent) on the ground that under established standard of the doctrine of estoppel, the respondent having fully participated in the process and procedure leading to the appointment of Oba Adeyemi, he could not turn round to protest against the process as in law, he was deemed to have waived his right to complain in the matter.
“The respondents took a chance like a gambler until the selection process was over and it did not favour their candidate, then they decided to cry ‘wolf’. Quite clearly, if the respondent (Ogundele) has been selected as the Alapa, they would not have filed this action.

“It is unconscionable to set aside the selection and appointment of the sixth appellant (Oba Adeyemi) on the ground of request for more than one candidate by the kingmakers. The respondent and his family members condoned and acquiesced to the procedure adopted,” the court held.
On the issue of whether the respondent successfully proved his version of customary law on the appointment of Alapa of Omido, the court held that it is unsafe to hold that he proved the version he claimed since he did not call any witness to buttress his assertion on the matter.

The court, citing plethora of authorities, held that to prove customary law is by preponderance of credible evidence adduced by the party that asserts existence of such custom.
Similarly, the court held that the request for more than one nominee by the kingmakers cannot amount to a breach of customs of the Omido community contrary to the claim of the respondents.
Consequently, the court set aside the nullification of the appointment of Oba Adeyemi as Alapa of Omido. No cost was, however, awarded against the respondents.
Oba Adeyemi was installed Alapa of Omido in August 2007.