REDUCTION IN RANK OF CHIEFTAINCY DOES NOT CHANGE CUSTOMARY LAW REGULATING THE CHIEFTAINCY

ROTATIONAL ORDER WILL BE ENFORCED BY THE COURT

The learned trial Judge instead of applying the rotational order he found established regrettably introduced issues unsupported by any evidence of custom before him and thereby held that based on a “rotational order in equity” it was the Ogundare and not the Ibitan Ruling House that was entitled to produce the next Chieftaincy candidate. This finding is clearly wrong and out of alignment with the rotational order he had quite rightly found established. Based on the said customary rotational order, there can be no doubt that succession to the stool of Isundunrin was the turn of Ibitan Ruling House and not the Ogundare Ruling House. The court below so found and I can find no reason to interfere with this finding which is in strict accordance with the established customary law before the court.

— Iguh, JSC. Ogundare v Ogunlowo (1997) – SC.25/1994