The Court of Appeal in Ilorin on Tuesday set aside the judgment of the Ilorin High Court that upheld the appointment of Oba Muftau Gbadamosi as the Olofa of Offa.

Justice Obande Ogbuinya, in his judgment said that the lower court erred in disregarding the report of the 1969 Sawyerr Commission of Inquiry, set up by the then military government of Kwara.

The commission recognised two ruling houses for the Olofa stool on rotational basis.

Ogbuinya said that the 1970 gazette on the issue was explicit on the rotation of the stool between the Olugbense and Anilelerin ruling houses. He said the appellant’s case was meritorious and granted its prayer for the rotation of the stool.

He, however, ruled that the respondent had a right of appeal.

Rauf Keji of the Olugbense Ruling House had prayed the lower court to void the ascension of the incumbent monarch, as such ascension was illegal.

Mr. Keji had contended that the state government and the kingmakers of the town erred in law by setting aside the monarchical rotation principle to favour the incumbent.

He said he was the right person for enthronement.

However, in its judgment on July, 20, 2012, the lower court refused the prayers of the appellant on ground that the case was not proved beyond reasonable doubt.

The lower court ruled that chieftaincy matters were governed by the customs and traditions of the people which must be respected.

(NAN)