BY TIMOTHY AGBOR, OSOGBO
The Osun State Government, the state governor, the Attorney-General and Commissioner for Justice, and the Commissioner for Local Government and Chieftaincy Affairs in the state have closed their defence in the ongoing Modakeke chieftaincy case being heard at the Osun State High Court 7, Osogbo.
The Ogunsua family is challenging the right of Chief Moses Oyediran, the Balogun of Modakeke, to assume the position of king in the community, alleging that they (Wingbolu descendants) had been deprived of their heritage to the throne for many years.
The Ogunsua family, in suit number HMD/6/2018, against the state government, the governor, Chief Moses Oyediran and Julius Odegbemi, challenged the grounds and legality behind Oyediran’s right to the throne.
When the matter came up for continuation of hearing on Friday, Ogunleye Moses Muyiwa, Principal Counsel from the Osun State Ministry of Justice, who represented the governor and the state government, called up a witness, Habeeb Adedeji Adeniran, a Senior Administrative Officer in the Ministry of Local Government and Chieftaincy Affairs, and presented four documents that were admitted as exhibits by the court.
The documents presented to the court by Muyiwa, tagged, ‘Instrument of appointment to a non-ruling house chieftaincy,’ included a letter dated September 5, 2009; three pages Amended Declaration dated September 5, 2009; information on the Aafin Ogunsua of Modakeke, Osun State, Nigeria, dated September 14, 2009 and Ministry of Local Government Chieftaincy and Community Development dated September 28, 2009.
During cross examination by the plaintiffs’ counsel, Dapo Adekunle, the witness said he joined the civil service in 2013 and that he was not in the Ministry of Lands and Chieftaincy Affairs when the documents that were submitted to the court were written.
When asked about the person who can amend a chieftaincy declaration, Adeniran said “The king of the town is the only one that can amend the declaration of that town and not anyone else.”
Chief Goke Akinrotimi, counsel to Chief Moses Oyediran (5th defendant) and Julius Odegbemi (7th defendant), urged for adjournment of the matter to enable it open its defence.
He said that he would be presenting three witnesses in court during subsequent sittings.
The presiding judge, Justice A. L. Adegoke, adjourned the case till February 18, 2022 for further defence.
In an interview after the court proceeding, Adekunle said, “The defence, including the Osun State Government, the Attorney-General, Ministry of Justice, and Ministry of Local Government, opened their defence and closed it today (Friday).
“They are the first to fourth defendants. They called one witness who is an official witness. On the next adjourned date, the fifth defendant, Balogun of Modakeke, Chief Oyediran and the seventh defendant (President, Modakeke Progressive Union, Julius Odegbemi), will open their case.”
Also in an interview, Akinrotimi said that he was ready to open his defence on the adjourned date.
