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In the rich tapestry of Yoruba heritage, we are reminded: “A kì í fárí lẹ́yìn olórí” (You do not shave a man’s head in his absence). To purport to elevate a man to the status of Oba without his presence or consent is not just a cultural curiosity; it is a legal and ethical overreach.
The learned SAN suggests that “tradition” justifies this ceremony. However, in a constitutional democracy, tradition is a tenant, not the landlord. Under Section 1(1) of the 1999 Constitution, the Constitution is supreme and its provisions have binding force on all authorities and persons. Furthermore, Section 1(3) explicitly states:
“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”
If a custom seeks to impose a change of status; carrying heavy legal and civic obligations on an individual without their participation, it clashes directly with the right to personal liberty and dignity. As the Yoruba say, “A kì í dọ́bà dandan” (You don’t crown a king by force). Kingship is a covenant, and a covenant requires two willing parties.
His reasoning falters when we consider Section 36 of the 1999 Constitution, which guarantees the right to a fair hearing. Scholarly works on Nigerian Administrative Law, such as those by Professor Ese Malemi, emphasize that any administrative action—which includes the appointment and deposition of chiefs—must satisfy the rules of natural justice.
By conducting a “coronation” for individuals who were notably absent, the state bypassed the fundamental right of these individuals to be heard or to signify their acceptance. In the eyes of the law, an administrative act that ignores the participation of the affected party is a “costly nullity.”
On the SAN’s argument that representation (like a Deputy Governor standing in for a Governor) suffices. This is a false equivalence. While executive functions can be delegated, status transformation cannot.
In Yoruba land, we say: “Orí kì í kọjá rẹ̀, kí ó tún dọ̀tọ̀” (The head does not outgrow itself to become something else without the body’s involvement). A man’s physical presence and his symbolic “Acceptance of the Staff” are the soul of the rite. Without them, the ceremony is merely a theatrical display of state power. To suggest otherwise is to reduce the sacred stool of our ancestors to a mere civil service promotion.
Seriously speaking, Chief Akintola must be wary when “tradition” is invoked to achieve political ends. The Yoruba warn: “Bí kò bá nìdí, obìnrin kì í jẹ́ Kúmólú” (There is no smoke without fire). The timing of this elevation seemingly targeting figures like Senator Sharafadeen Abiodun ALLI suggests a strategic attempt to use traditional titles to “box in” political opponents ahead of the 2027 gubernatorial race.
If the goal is to use traditional reforms to stifle the aspirations of those aligned with the progressive vision of President Bola Ahmed Tinubu, then the state is venturing into dangerous waters. Using public funds for contested ceremonies during an economic downturn is not only fiscally irresponsible but morally questionable.
The true legitimacy does not come from a Government Gazette alone; it comes from the people and the person.
“Adé tì kò bá tọ́, orí ni kò ní gbà á” (If a crown is not rightfully placed, the head will not sustain it).
Scholars like N.A. Fadipe in “The Sociology of the Yoruba” argue that the stability of Yoruba social structures relies on mutual respect between the rulers and the ruled. When the state imposes “Obaship” as a political weapon, it erodes the sanctity of the institution it claims to protect.
In the final analysis, we must choose between a “Rule of Men” hidden behind tradition and the Rule of Law. Chief Akintola’s position may be convenient for the powers that be in Oyo State, but it cannot withstand the cold, hard light of constitutional scrutiny.
No matter how high a bird flies, the sky remains the limit; and no matter how deep our traditions, the 1999 Constitution remains the ultimate boundary. Anything built on a flawed foundation will eventually succumb to the gravity of justice.
