Appeal Court affirms Amuseghan as Kalasuwe of Apoiland

By Dayo Johnson, Akure

The Court of Appeal sitting in Akure, Ondo State, has affirmed the appointment of Prof. Sunday Amuseghan as the Kalasuwe of Apoiland in Ese-Odo Local Government Area of the state.

The appellate court dismissed an appeal filed by Prince Joseph Orire David challenging the judgment of the Ondo State High Court, which upheld Amuseghan’s selection and appointment as the paramount ruler of the Ijaw people in the area.

Amuseghan, a retired Professor of English at Adekunle Ajasin University and a member of the Ebeli Idumu Ruling House, was appointed Kalasuwe of Apoiland and Oba of the Ijaws by the Ondo State Government in 2018.

Prince David, in Suit No. HOK/10/2018, filed through his counsel, Omolegbon Odusola, had challenged the appointment, claiming he had earlier been selected by a majority of the nine kingmakers and was awaiting approval by the State Executive Council.

In response, counsel to Amuseghan, Chief Sola Ebiseni, raised a preliminary objection, challenging the competence of the suit and the jurisdiction of the High Court on the grounds that the claimant lacked the legal standing to institute the action.

Ebiseni argued that Prince David belonged to the Ogele Idumu Ruling House, the same ruling house as the immediate past Kalasuwe, Samuel Adetimehin Oladiran. He contended that this was contrary to the registered chieftaincy declaration, which recognises two ruling houses—Ogele Idumu and Ebeli Idumu—and provides for the stool to rotate between them.

The High Court upheld the objection and dismissed the suit, prompting Prince David to appeal the decision.

Delivering the lead judgment, Justice N.U. Okaisabor, with Justices S. Nwaka Gbagi and P.O. Affen concurring, affirmed the High Court’s ruling.

Justice Okaisabor held that both parties agreed the chieftaincy was governed by a registered declaration made pursuant to the Chiefs Law, which determines eligibility to contest the stool.

The court held that since the appellant acknowledged that he belonged to the same Ogele Idumu Ruling House as the immediate past monarch, he was ineligible to contest the stool under the rotational arrangement and therefore lacked the legal standing to institute the suit.

The appellate court also held that, as an aggrieved party, the appellant was required to comply with the provisions of Section 13 of the Chiefs Law before approaching the court, a requirement it found he failed to meet.

The Kalasuwe of Apoiland is a first-class traditional stool in Ondo State and is also recognised as the Oba of the Ijaw people in the state.