Tension In Kabba-Owe: Apex Court Reopens Controversial Obaro Stool Case

The Supreme Court has ordered a fresh and expedited hearing of the legal dispute over the Obaro of Kabba-Owe Stool and the paramount traditional rulership of Kabba-Owe land in Kogi State.

In a ruling delivered on Friday, the apex court directed that the case be remitted to the Chief Judge of the Kogi State High Court for reassignment to a different judge for a new trial on its substantive issues.

Justice Stephen Jonah Adah delivered the judgment in an interlocutory appeal filed by the current Obaro of Kabba, Oba Solomon Dele Owoniyi (Otitoleke Oweyomade I). The lead judgment, authored by Justice Heleen Morenikeji Ogunwumiju, was read by Justice Adah.

The Supreme Court upheld the March 31, 2021, decision of the Court of Appeal, which had overturned the earlier ruling of the Kogi State High Court on October 10, 2019. The High Court had previously dismissed the suit, declaring it statute-barred on the grounds that it was filed outside the legally allowed time.

However, the apex court ruled that the plaintiffs—members of the Ilajo family—had legal standing to initiate the case, as they claim exclusive rights to the Kabba throne. The Ilajo family, comprising the Ajinuhi, Ajibohokun, and Mokelu ruling houses, had challenged the appointment of Oba Owoniyi, which they claimed violated their traditional entitlement.

Oba Owoniyi was appointed in 2018 under the Kabba-Owe Chieftaincy Law, which allows for rotational succession between the Akunmejila and Ilajo royal families. The last Obaro, the late Oba Michael Folorunso Olobayo, was from the Ilajo family, leading to the selection of an Akunmejila candidate by the state government and kingmakers.

Dissatisfied with this, the Ilajo family sued the state government and kingmakers, insisting they alone are entitled to produce the Obaro. Plaintiffs in the suit include Chief Henry Oluwole Aiyewumi (Ilajo family), Chief Stephen Ojo Beleyi (Ajibohokun), Raphael Aiyegunle (Mokelu), and Olorunmola Oloruntobi (Ajinuhi).

Their claims were dismissed in 2019 by the Kogi High Court, which held that they had forfeited their right by failing to challenge the 1995 Edict that introduced rotational succession.

Following their successful appeal, Obaro Owoniyi and the kingmakers took the case to the Supreme Court. The apex court, however, agreed with the appellate court’s view that the matter deserves a full hearing based on its merits, not a dismissal on procedural grounds.

This Supreme Court decision paves the way for a new trial to determine the legality of the Obaro’s appointment.

Reacting to the judgment, Oba Owoniyi’s lead counsel, Mr. Dayo Akinlaja (SAN), emphasized that his client remains the recognized Obaro of Kabba and the paramount ruler of Owe land. He clarified that the Supreme Court ruling only mandates a substantive trial and does not invalidate the king’s appointment.

“The initial objection was based on jurisdiction, which the High Court accepted. But now that this has been overturned, we are prepared to proceed with the fresh trial,” Akinlaja stated.