Kunle Adelabu & Mariam Akinloye
-We are ready to embrace peace – Family members
-Pa Ishau not aversed to peaceful settlement – Lawyer
There seems to be an end in sight for the family and community feud that has ravaged the Idi – Orogbo part of the Agunfoye community in Igbogbo/Bayeku Local Council Development Area (LCDA), Ikorodu Division area of Lagos, Southwest, Nigeria.
The community, which is being inhabited by Adeyoruwa people who are the original owners and residents, has been enmeshed in constant fight over the control of landed properties, which has resulted in many police and court cases.
Members of the Adeyoruwa family are also, according to report, divided over the actual number of branches of the family. While a section is saying that the family has two branches, the other is claiming four.
THE IMPACT also gathered that among the court judgments on the crisis rocking the Adeyoruwa family, there are two that are related to the recognized branches of the family that are entitled to the properties.
While a section is saying that Derufe, Oyekan, Kuti and Sopena are the four recognized branches, the other section is saying that Derufe and Oyekan are the only two branches of the family while also describing Kuti as their customary tenant.
Aside the crisis over the control of family properties, especially lands, and number of branches, there is also controversy over the headship of the family, despite that there is another judgment by a court of competent jurisdiction affirming the authority of Pa Ishau Ogunlana, an elder of the family, as the head.
According to the investigation by THE IMPACT, the major victims of these family crises are innocent residents who bought landed properties from the different sections of the feuding family as some of them had suffered demolition to their houses, while others had been forced to make new payment to the branch of the family who has won court ruling over the ownership of the family’s landed property after buying land from the losing branch.
THE IMPACT also gathered that the warring factions have also inflicted untoward hardship on themselves by instituting cases with ‘cooked up’ charges to ensure that those that they considered as opposition to their interest are either locked up by the police or made to be arraigned in the court of law and jailed.
Furthermore, report also revealed that several elders and young men within the family had served different jail terms and also spent many weeks and months in different police formations across the state over the control of family’s inheritance.
According Adeboruwa palace, the seat of the traditional ruler in Igbogbo Kingdom, the Adeyoruwa family crises have been brought to the palace on several occasions.
This was the situation until Tuesday, August 25, 2020, when the members of the warring factions of the family were invited to the Adeboruwa palace to explain their sides of the matter before His Royal Majesty Oba (Barr.) Semiudeen Orimadegun Kasali and his chiefs, following the report that a section of the family had reported to Adeboruwa that an elder of the family, Pa Ishau Balogun (alias ‘Baba Oloda’) who is recognized by the court as the substantive head, is alleged to be the cause of the crises that has been facing the family for over a decade.
To resolve the matter, Oba Kasali setup a committee with two representatives each from the four branches of the family to look into the matter.
All the four branches, were given a week ultimatum to forward the names of there representatives on the committee when the family appeared before the Igbogbo traditional institution to present their cases last week.
Due to the satisfactory manner the palace handled the family matter when of the four branches appeared before the royal father and his chiefs last week, THE IMPACT gathered that the planned protest by members of the Adeyoruwa family was shelved as sign of honouring the truce brokered by the traditional institution.
Palace Intervention
After listening to all representatives of the four branches, the Adeboruiwa of Igbogbo, Oba Kasali was said to have assured that the palace will intervene in the matter as requested by the family.
He also warned members of the family to be ready to allow peace to reign if they want his intervention to have any impact.
“Our elders have a saying that a difficult situation calls for carefulness and patience in handling it”, the royal father said proverbially.
“The Odofin has spoken very well and all that he has said are the position of this palace”, Oba Kasali affirmed while referring to the submission of Odofin, the most senior chief in his palace who spoke before him.
“The same problem that Agunfoye is facing is also being experienced in every part of Igbogbo community and we have to handle them with care.
“I have the belief that the matter will be resolved amicably here (Adeboruwa palace), though, the person at the centre of the controversy is not here. We must explore all avenues to look for peace and development of Igbogbo which is the reason all of us must cooperate”.
He advised family members to engage themselves productively when there no more land to sell.
“I wonder if our people are thinking that Igbogbo will not continue to be like this forever. Are they not thinking that more developments will still come? ” , he asked rhetorically.
“Now that you have sold all the land, has it not occurred to you that it will still get to a point when people will start sand filling the bank of the water at Idi – Orogbo to build on like what is happening in Lekki? Has it not occurred to you that after sand filing the bank, there would be no more land to sell and if that happens, what will you and the generation coming after you will live on? “.
Meanwhile, in an interview with THE IMPACT after the palace sitting, Oba Kasali described the situation in Agunfoye Idi – Orogbo as an unfortunate situation and again pledged that he will ensure amicable settlement to the matter.
“It’s quite unfortunate that the matter has been lingering for a while. As a matter of fact, I met it when I ascended the throne and what I am doing now is to find a way to resolve the matter amicably.
“We have met with the parties involved before on the matter but today’s meeting was prompted by recent development which may likely lead to breach of peace and as the head of the traditional institution, we have to intervene”, he said.
“In the course of deliberation at the palace, key members from different branches of the family were allowed to present their matters and their resolve was that they want peace to return to their family and Agunfoye Idi – Orogbo community.
“Since they have resolved to live in peace, what we too as a palace have decided to do is to partner with them by ensuring that we assist in finally resolving all the issues that are lingering within the family.
“It is quite unfortunate that such thing is still happening at this present time. The eminent personality involved shouldn’t have been allowed to experience what he had been made to pass through, but where we have the law at play, there is always a procedure to follow and we have to find a way round it so as not to be in breach of the law. That is why we are handling the matter the way it being handled”, Oba Kasali said while responding to question on the imprisonment of an eminent personality within the family over the family crisis.
“The Adeboruwa palace is involved in the matter, likewise, eminent personalities in town are also involved in it and making steps to it and make aggrieved parties see themselves as one and live together as one.
“This palace has the capacity to look into matter and nobody should take our intervention with levity. We enjoin the family to send names of their representatives in the committee within a week because we want to resolve the whole matter in the next two weeks”, he stated.
The Odofin of Igbogbo, High Chief Tajudeen Alade Duduyemi Onasanya, speaking earlier on behalf of the Adeboruwa, cautioned representatives of the branches against narrating histories that had caused so many troubles within their family and community.
He charged them to ensure that the Adeboruwa palace’s intervention succeed by acting in peaceful manner.
“This is not the first time that this palace has been intervening in Idi – Orogbo’s matter and we are here to find a finally solution to the matter as a traditional institution”.
He cited a bible passage about a shepherd and a lost sheep out of 100 and how the shepherd went in search of the lost sheep after safely keeping the remaining 99 sheep, to buttress the need for the family to find a means of living peacefully with the person that they have been alleging of causing them untoward pains.
“It is not possible for Kabiyesi to sit back in his palace when one of his subjecst is being alleged to be disrupting the peace of his family and community. We enjoin you all to assist the palace in its efforts to bring back the lost sheep into the fold”, he charged the members of the warring family.
“You have been mentioning a particular name which is very well known to all of us and when two people are engaged in a fight, those in-charge of the community’s traditional institution has the power to intervene.
“What we are witnessing is as a result of the unguarded statements and unfortunate acts by family members and you all must take responsibilities by first agreeing to peace and ready to live with one another harmoniously”, Odofin of lgbogbo added.
“We are here to listen to the cause of recent happenings within the family and find ways of resolving them amicably. This is not the time to tell any history. We must be guided so as not to cause any further breach and also not to inculcate such histories, which are defective, in the young ones who might make negative use of such histories in future” .
He assured that the Adeboruwa will be fully involved in the matter and will give all the parties in it opportunity to present their views for the purpose of finding solutions to it.
“Kabiyesi will call the person in question in his position as the King of the land. He has already set in motion necessary tools to handle the matter and we must be guided and exercise restraints”, he warned.
On behalf of Oba Kasali and his council, the Odofin of lgbogbo announced the setting up of a committee to look into the matter.
“In resolving this matter, Kabiyesi and his council have resolved that each of the four branches – Oyekan, Derufe, Kuti and Sopena, should send two names of family members as members on the reconciliation committee, within a week”, he announced.
“You are advised to send someone with clear understanding of the fact of the matter and who also have patience and discipline for constituted authority and process. A good ambassador that can manage crisis and not someone that will escalate it.
“Kabiyesi will appoint other members of the committee and communicate the proceedings to you all after receiving the names of the representatives”, he added.
Presentation of Cases By Branches At The Adeboruwa Palace
Alhaji Olawale Abdullahi, popularly called ‘Bobomi’, the representative of Derufe branch of Adeyoruwa family, set the ball rolling at the palace when he thanked the royal father and his chiefs for the opportunity given to them to present challenges facing their community.
He thanked the palace for its previous interventions in the matter but said the issue remained unresolved despite the fact that the family has done everything needed to be done.
“We have been thanking Kabiyesi for handling our matter in the past and also for directing that all the branches of the family must work together in resolving our issues. I pray that God will grant you the wisdom to help us in resolving other issues permanently”, he said.
“Today, we are again thanking you and also reporting to your royal majesty about our challenges at Agunfoye Idi – Orogbo and also to inform you that a particular person (Pa Ishau), has been responsible for the troubles in our community and within our family”, he alleged.
“He has been acting as if he is the only one in the family and taking everyone to court and demolishing houses. He has recently pasted notice of demolition on houses. That is why we are here to appeal to the palace to further intervene in our matter for the purpose of resolving it.
“He has been taking family members to court and police stations, thereby, disturbing the peace in our family and that of the Agunfoye community”.
The representative of Oyekan branch and a principal member of Adeyoruwa family, Pa Felix Bakare who stated that the family and Agunfoye community have many historical and traditional values as Igbogbo community, also corroborated Alhaji Abdulahi’s statement by saying that peace has eluded the town.
“In those days, those that founded Agunfoye used to cooperate and live together. The community is the host Oro Alapetu . There were also Eluku, Awopa, Agemo and Igunnuko in Agunfoye Idi – Orogbo community.
“Event in the community changed when Ishau learnt about the return of our brother, Ganiu Onabanjo who was taken to the palace for prayer. He has been going to court since then claiming that his own father alone own Agunfoye. That is what we have been dealing with”, Pa Bakare also alleged.
He said that Pa Ishau does not want to recognize two of the branches of the family and this, according to him, has been a great challenge to the peace within the family and community.
“He started the fight with the Kutis when he got a judgment against them and demolished their houses. He doesn’t even want to see Sopenas, whereas, his father and that of the Kutis and Sopenas had been living in Agunfoye since time immemorial”, he said.
“The judgments that he (Pa Ishau) is executing was given to the family, but he is now using it to his own advantage at the expense of the family and the entire community. He has been disturbing and taking family members to the police stations and court and causing violence in Agunfoye”, Pa Bakare further alleged.
“This is our case and we are enjoining our royal father and his chiefs to intervene for lasting peace. Right now, he is threatening to demolish properties in the community.
“We once took the matter to the anti – landgrabbing agency but we were asked to return home to resolve the matter and a meeting was summoned to that effect but it was disrupted.
“It has been one case after another at the police stations and court. He was expected to use the judgment to unite the family, but instead, he has been using it to torment members of the family and other residents of Agunfoye community. He is threatening that he will demolish houses again. We appeal to Kabiyesi to help us intervene in the matter”.
Mr Adams Sodeinde Sopena, representative of the Sopena branch of the family, said that his branch was not duly informed about the meeting but that they decided to join when he and other members of his branch heard about it.
He aligned himself with the positions of the previous speakers from other branches while also pleading for the intervention of the palace.
“As stated by previous speakers from other branches that there is need for unity and cooperation among branches It is unfortunate that some parts of the family are denying others the membership of the Adeyoruwa family”, he alleged.
“We are about the 6th or 7th generations and yet, we are being told that we do not belong to the family. Like others, we are also in support of quick resolution of the matter”.
Mr Babatunde Kuti, the representative of Kuti branch of the Adeyoruwa family, while also given his own side of the matter on behalf of his branch, hoped that the intervention by the palace this time around will bring the much needed peace.
“I thank the Kabiyesi and his Chiefs for their intervention in all the happenings in Agunfoye. This is not the first time that you will be intervening in the matter.
“We hope that your intervention this time around will bring about final settlement of the crisis in our family and community. I concur with all that have been said by the first three speakers. We have nowhere to run to again except to the palace. Hence, we seek your intervention in the matter once again”, he said.
Pa Ishau Ogunlana’s Position
After three days of attempting to reach the head of the family, Pa Ishau Ogunlana who is at the centre of the controversy, for his own side of the matter, our reporter spoke to him.
Pa Ishau, who initially declined to speaking with our reporter, later gave his lawyer, Barr. Goody Osu, the permission to speak on the matter on his behalf in his house in Igbogbo.
He denied the allegations by the representatives of the four branches of the Adeyoruwa family that Pa Ishau is disturbing the peace of the family and community and coverting family’s property to his personally benefit, he denied the allegations.
Barr. Goody stated that he has been a peace-loving man that take recourse to the instrumentality of law whenever there is need for it and alleged that those against him are the ones causing troubles in attempting to get what they failed to achieve in court.
“To the best of my knowledge and being the person with the documents relating to the family’s issue, Ishau Kolawole Ogunlana is the subsisting head of family and there is a court judgment to that effect pronouncing him as the head of the Adeyoruwa family of Agunfoye Idi – Orogbo. That judgment is still subsisting”, Barr. Goddy said.
“It is not true that the head of the family is the one causing trouble in Idi – Orogbo. It is far from the truth. Those alleging that Baba is the one causing the problem are actually the one that is responsible for the problems”, he alleged.
“Baba Oloda is a peace loving person who has the interest of his family at heart. He is a law abiding citizen who has in all his ways trying to resolve the family issues and approach the court when necessary without recourse to self – help like the other people”
He said that Oyekan and Derufe are the only two members of the family, citing court judgments to that effect.
“To the best of my knowledge and court judgments which are available for you, Adeyoruwa family is made up of two branches which is Oyekan and Derufe and Baba Oloda is from the Oyekan branch”, he said.
“In all the court judgments which are about five and which are in his favour, he (Pa Ishau) fought all the battles by himself.
“I am aware that the junior members of the family, led by Ganiu Onabanjo and others who were the Claimants, in one of the cases, IKD/2/2017, between Ganiu Onabanjo and three others versus Ishau Kolawole, were the ones that took Baba to court, claiming that he is not the head of the family and that they have the right to sell lands. Baba only joined as a Defendant in the matter.
“In the well considered judgment of the Justice Abiru as he was then (now of the Court of Appeal), he gave judgment refusing all their claims and gave judgment in Baba’s favour that he is the head of the family and that any land sold in that area without his consent is illegal, void and of no effect” , the lawyer said.
“The court gave the judgement over the ownership of the entire land in favour the head of the family which is Ishau Ogunlana and the Sheriff of that court has executed that judgment.
He said that Pa Ishau was once a victim of the family’s crisis when he was imprisoned for about four months for what he described as false murder accusation.
Barr. Goody also alleged that other members of the family that are causing problems had sold lands while different cases were in court and eventually lost out to his principal.
“During the pendency of that case, these people made false allegations against Baba that he committed murder. He was arrested and was charged to Magistrate Court where he was remanded for well over four months in Ikoyi prison without proper investigation. Later, the DPP’s advise exonerated him on the ground that he knew nothing about the case”, he said.
“Those people that have been selling lands are the ones instigating people that they should not leave the lands that they are occupying but the law in clear that once you have the judgment in your favour over any land, whosoever buys or had bought part of the land without the consent of the family and other principal members of the family that has the judgement, had done so at his or her own risk.
“Those going to the land with thugs are the people that have sold land without the consent of the family head and others and their aim is to illegally takeover”, he further alleged.
Speaking on Sopena’s membership of Adeyoruwa family, Barr. Osu recalled a matter instituted by the members of the branch which he said was ruled against them.
“I am also aware of a court judgment to the effect that Sopena is not a member of the Adeyoruwa family. They went to court, claiming that they are also member of the family, Their claim was that Adeyoruwa family is made up of three branches and the court referred them to another judgment where it had already been pronounced that the family is made up of two branches and that they cannot litigate that issue again”, he said.
“They were warned not to call themselves members of the family again or go to that land, but against that judgement, they have been going to the land to sell and are also disturbing the peaceful possession of the property”, he alleged.
While stating that Pa Ishau is not aversed to peaceful settlement of disputes that will bring an end to the over a decade crisis, Barr. Goody alleged that Pa Ishau was not invited to the meeting at the palace.
“They ought to have invited Baba to the meeting. Felix Bakare cannot speak for Oyekan because Pa Ishau is the head of the family and only he can speak for the family”, he said.
“I also know that in a judgment, with the suit number IKD/87/2006, the Kutis were only given six acres of land as a customary tenant to the Adeyoruwa family and the court limited them to that six acres, but while the matter was in court, they extended their boundary beyond what they are entitled to.
“Majority of the land in question were sold by the Kutis who are customary tenants on the land and not members of the family”, he alleged.
“All those judgments have not been appealed against. The only branch that went back to court is Sopena branch to appeal against a judgment given against them on 27 January, 2007. They just went to court in 2018 and we have joined issues with them.
“There is no stay of execution to the order of the High Court and the Appeal Court has not said anything, yet they are going there to sell lands. Who is causing the problem, is it Baba Oloda who is following the dues process of law or those going outside the court judgment to sell lands to the unsuspecting buyers?” he asked.”.
“Baba is not aversed to peace. As I have told you earlier, he is a peace loving man. The head of the family has not been informed about any committee. He was not aware about all that happened at the palace. He cannot be part of what he doesn’t know about.
“They should reach out to him to be part of the process”, Barr. Goody said.