The Aidonogie of South Ibie, Etsako West Local Government Area of Edo State, His Royal Highness Inusa Umoru Inusa has rejected the recognition of Alhaji Kelvin Danesi as the substantive ruler of the community by the state government.
In a petition to Governor Monday Okpebholo, Inusa said the presentation of Alhaji Danesi from the Danesi branch of the Okhokho Ruling House as the traditional ruler in 1997 was unpopular because his father was not an Aidonogie and he was also not the eldest surviving son of a former Aidonogie from Danesi branch as required by the law governing the succession to the traditional rulership of South-Ibie.
He said that the Oghiator branch of the Okhokho Ruling House who was automatically entitled to submit a qualified candidate to the throne has successfully had court judgments in its favour.
The monarch said that the first judicial decision on qualification for presentation as Aidonogie and the clear consequential nullification of the nomination, presentation, appointment and installation of Alhaji Danesi was decided in consolidated Suit Numbers B/266/1998 and B/227/1998 by Justice J.O. Sadoh on 29 June 1999.
Inusa said in an appeal by Alhaji Danesi, the Court of Appeal in 2003 ruled “that the selection, presentation, appointment and/or production of Alhaji Inusa Kelvin Danesi as the Clan Head or Aidonogie of IYAKPI, South Ibie by the Danesi branch of Okhokho Ruling House is hereby declared null, void unconstitutional and of no effect.”
The Court of Appeal however held and explained that the Danesi branch should be allowed to present a suitable candidate and if it failed, the Oghiator branch would be entitled to present a suitably qualified candidate.
Dissatisfied with the Appeal Count verdict, Alhaji Danesi headed to the Supreme Court, which dismissed the appeal on November 17, 2007 with a cost of N10,000 to each set of respondents.
The petitioner noted that dismissal of the appeal by the Supreme Court meant the affirmation of the judgment of the Court of Appeal which had earlier upheld that of the High Court.
Against the backdrop of the failure of the Danesi branch to present a candidate for the coveted stool, he argued that he was unanimously chosen, as it became the vested right of the Oghiator branch of the Ruling House to present a candidate as of 16 June 2003, after which it will then become the turn of the Danesi branch.
As a way out, he said that the Edo State House of Assembly amended the Declaration of Customary Law Regulating Succession to Traditional Ruler Title B.S.L.N 136 of 1979 on 22 December 2006 to make provisions for the regulation of succession to traditional headship of Aidonogie of South Ibie to the effect that the candidate for the office of the Aidonogie need not be the eldest surviving son of the last Aidonogie from any branch of the Ruling House.
Challenged, Justice Ehigiamusoe explained that the amendment of the Declaration does not apply to Alhaji Aliyu Danesi as his appeal was still pending at the Supreme Court and the law and declaration have no retrospective effect, adding that the amendment merely regulates future events and not any previous issue.
Inusa disclosed that after his appointment last year by former Governor Godwin Obaseki, Danesi further sued him and the Edo State Government in Suit No: B/62OS/2024 on the same subject matter, alleging that through ex parte application, he obtained an interim injunction while concealing the numerous judgments which nullified his appointment from the court.
He said, “I humbly appeal to the government, in line with its goal and resolve to respect the rule of law, transparency and accountability, to dismiss the application of Alhaji Danesi and redirect him to have the issue determined by the Court since he has already sued Edo State Government and me in court.”
