Otun-Oro not Owner of Oro Title, Says Appeal Court

Date: 2013-04-15

The Appeal Court has ordered that the nine generic towns in the Oro Kingdom should retain ‘Oro’ as suffix to their original names.

The court ordered further that none of the nine towns in the kingdom has the right to lay claim to ‘Oro’ as its name.

The affected generic towns include: Afin-Oro, Agbeola-Oro, Irebode-Oro, Idado-Oro, Iludun-Oro, Oke Ola-Oro, Ijomu-Oro and Okerimi-Oro.

The Appeal Court which sat in Ilorin the Kwara State capital had upturned the decision of the state High Court, Omu-Aran Judicial Division which affirmed Otun-Oro, one of the nine towns that make up Oro Kingdom in Irepodun Local Government Area of the state, have the legal right to retain ‘Oro’ as its name.

The Appellate Court in a unanimous decision, dismissed the verdict of the lower court and allowed the appeal filed by Oba Abdulrafiu Olaniyan Oyelaran I, Oloro of Oro and the Attorney-General of the state to the effect that Otun-Oro should vacate its claim to ownership of the name ‘Oro’ as a generic name.

In the lead judgment delivered by Justice Obande Ogbuinya, the Appeal Court held that the judgment delivered by Justice M. Abdulgafar of the Kwara State High Court, Omu-Aran on March 24, 2010 in which the claims of the respondent were granted, were fraught with perversion.

Justice Ogbuinya held further that going by the exhibit before him, the government reversed ‘Oro’ to Otun-Oro been its former name in the interest of public peace, order, morality and for the purpose of safeguarding the right and freedom of the other eight generic towns in Oro Kingdom.

“From this crucial and undebunked evidence, I draw the inescapable inference that the parties are tied to the same custom and tradition inclusive of the custom as to the usage of the name ‘Oro’ as suffix, not solely.

“It is, therefore, my view that what the government did was to return the respondent to its original name of Otun-Oro in accordance with the historical facts and antecedents and in overall interest of sustainable peace, progress and harmony in the nine generic towns in Oro Kingdom”, Justice Ogbuinya stated.

He also held that in aggregate, he cannot see a way clearly to vilify or crucify the Kwara State Government for returning the respondents to their traditional name (Otun-Oro).

According to the upper court, the lower court in reaching its finding ignored evidence. It also caused miscarriage of justice to the appellants in the sense that a holistic consideration of the case, inclusive of the evidence, clearly indicate that a result more favourable to the appellant would have been reached but for the errors they complained of.

“The lower court reached a finding which is at variance with mine and I brand it as faulty, waiting to be dispensed with”, he added.

Consequently, the upper court set aside the decision of the lower court in its entirety.

“On the whole, having regard to reasons adduced above, with the aid of the law, I hold that the appeal is meritorious. It is allowed”.

The respondents, Chief Simeon Olayioye, Chief Emilius Alasiri, Mr. Bode Oyeyiola and Dr. Michael Ibiwoye had approached the lower court to revert the government Legal Note No. 2 of September 11, 2008 in Gazette No. 7 Vol. 42, wherein it decided that each of the nine communities comprising Oro Kingdom should have ‘Oro’ as a suffix to its name and that Otun-Oro, like each and every generic town shall not solely lay claim to ownership of the name ‘Oro’.

They agued that the government did not give them fair hearing before making the Gazette and that the Gazatte was an imposition of name on them which infringes on their rights as guaranteed in Sections 40 and 41(1) of the Constitution as amended, which the court granted.

Meanwhile, there had been long drawn disputes regarding the use of the name ‘Oro’ either solely or as suffix to another community in Oro Kingdom, ‘Ekun mesan Oro’.

The disputes had threatened the peaceful co-existence of the nine communities that constitute Oro Kingdom.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Saka Isau     Ilorin South Constituency     Aliyu Salihu     Egbewole     Gbenga Olawepo     Oke-Odo     Daud Adeshola     Simon Sayomi     Chief Imam Of Ilorin     Abdullateef Abdussalam     CACOVID     Ishak Mohammed Sabi     Ajasse-Ipo     Abdulkadir Akanbi-Oke     Lai Mohammed     Borgu     Umaru Saro     Rotimi Oyedepo     Sun Qing Rong     Balogun-Ojomu     Omu Aran     Samuel Adaramola     HICA     Bello Oyebanji     Musa Abdullahi     Joseph Bamigboye     Offorjama     AbdulFatai Adeniyi Dan-Kazeem     Saheed Popoola     Muslim Media Watch Group Of Nigeria     Oba-Solagberu     Salihu Alhaji Musa     AIT Ilorin     Femi Oladiji     Share/Tsaragi     Oniyangi     Abdulrauf Yusuf     Shuaib Jawondo     Agor Market     MATTA Girls Foundation     Ishaq Abdulkarim     Elewu     Suleman Abubakar     Ibrahim Oniye     Otuka     Ilorin Metro Park     Valsolar Consortium     Sheikh Ridhwanullah     School Of Nursing     Segun Olawoyin     Surajudeen Akanbi     Bluenile Associates     NFAI     Funmilayo Mohammed     Isin     Owo Arugbo     Odogun Olushola Gabriel     Kolawole Akande     Lanre Issa Onilu     Elekoyangan     Smart School     Akeem Lawal     Toyin Falola     Mohammed Ibrahim     Quranic Recitation Competition     Adebara     Adewuyi Funmilayo     Abdulfatai Salman Baakini     Mopelola Abdulmaliq-Bashir     Jani Ibrahim     Abubakar Atiku     Muhammad Akande Olarewaju Odunade     Olatomiwa Williams     Tafidan Kaiama     Nigerian Medical Association     Kolo     Women Radio    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

KWASAA     Kayode Ibrahim     Muslim Stakeholders Of Kwara State     Prince Sunday Fagbemi     Oniyangi Kunle Sulaiman     Aasiyat Bello Oyedepo     Baba Issa Awoye     Chief Imam Of Offa     Gwanara     Deji Ajani     Jamiu Oyawoye     Obayomi Azeez     Abubakar Imam     Ganmo Electricity Sub-Station     Dan Iya Of Ilorin     Emir Of Lafiagi     Ilorin Talaka Parapo     Kwara State Polytechnic     Dapo Teni Nig Enterprise     Yahaya Seriki     Oyin-Zubair     LABTOP     Moremi High School     Salihu S. Yaru     Kola Adesina     Zaratu Umar     Ebola     Tayo Awodiji     Bamidele Adegoke Oladimeji     Femtech     Barakat Community Secondary School     T And K FOODS     Kwara State Television (KWTV)     Ilorin East/South Federal Constituency     Olosi Of Osi     Ajuloopin     Okin High School     Isaac Aderemi Kolawole     Kwara Pdp     Democracy Day     National Pilot     Afonja Descendants Union     Odo-Owa     Chief Imam Of Ilorin     Atunwa     Danladi     Segun Adeniyi     Olatunde Olukoya     Kwara Politics     Yusuf Olaolu Ali     Saka Asiat Ayinke     Veterinary Teaching Hospital     Yahaya Seriki Gambari     Aliyu Umar     Bature Bello     Shaaba Lafiagi     Abdulrahman Abdulrazak     Alikinla     Akorede     Niyi Ogundiran     Kamaldeen Ajibade     Hamidat Sulyman-Yusuf     Bashirat Bola Bello     Muhammad Yahya     Soffiyyallah Kamaldeen     Akeem Olatunji     Borgu     Omotosho     Musbau A. Akanji     Abdulraheem Olesin     Kwara Teaching Service Commission     Afusat Nike Ibrahim     Economic And Financial Crimes Commission     Mutawalle     Kwara State Council Of Chiefs     Oyeyemi Olasumbo Florence     ASKOMP