BY KAYODE ADEOTI
For many years, the Oreke communities in the Kwara South district of the state lived harmoniously until the sudden discovery of mineral deposit in the area.
Both Oreke and Oreke-Okegbo co-exist without any boundaries or restrictions from anyone including the two monarchs; the Oloreke of Oreke land, Oba Abdulquadri Ahmed Dada, Olukondo II and the Oloreke of Oreke-Okegbo, Oba Joseph Sunday Olakunle Adefila.
According to report, the harmonious relationship of both communities become strained in 1989 when marble was discovered in the land.
Being co-owner of the marble, it was alleged that Oba Dada entered into an agreement with miners but the contract went sour as the former who is expected to take 60 per cent of the marble proceeds failed to remit the balance of 40 per cent to his Oloreke of Oreke-Okegbo counterpart.
In an alleged attempt to take ownership of the entire mineral deposit, Oba Dada was said to have dragged Oba Adefila to court in 2015, claiming the whole land and subjects are under his authority.
The case was presided over at the Omu-Aran High Court by Justice T.S Umar. But after prolong hearing on the matter, it was transferred for reassignment, to the Chief Judge of the state, Justice Sulyman Kawu.
Until recently, the matter was before Justice Adebayo Yusuf who urged the two monarchs to resolve the dispute out of court.
Upon failure of the traditional rulers to mend fences, the judge was said to have withdrew himself from hearing the case even as it was further redirected to the CJ for reassignment.
The matter will however come up before Justice Mahmud Gafar for the 4th time on March 5, 2018.
At the last adjourned date on Monday, the court allowed the two parties through their counsels to speak on their ordeal.
Afterwards, counsel to the appellant, M.O Aminu moved an application to change the writ of summon and statement of claims. The application was strongly opposed by the defendant counsel, Bola Rasaq Gold, at this instance; it was subsequently adjourned to March 5.
Meanwhile, the appellant, Oba Dada had earlier made application at the court of appeal against the decision of the High Court sitting in Omu-Aran which was delivered by Umar, J.
By a Writ of Summons and Statement of Claim of 6/11/2015, the Appellant as Claimant for himself and on behalf of the entire people of Oreke town/Community jointly and severally claim against the Respondents as follows:
A Declaration that claimant, community is entitled to the customary right of occupancy over the entire farm land which shares boundary with Oreke-Okegbo immediately after the Ogboloo stream (Gbayawo).
Also sought declaration that the defendants have trespassed and encroached on part of the Claimant land, lying and situate at immediate after Ogboloo stream at Oreke town.
An order of perpetual injunction restraining the defendants whether by themselves, agents, privies or servant from disturbing, harassing, molesting, assaulting, attacking or threatening the lives of the Claimant and disturbing the quiet and peaceful enjoyment of their land, the subject matter of this Suit.
An order restraining the 1st Defendant from further parading himself as the Oloreke of Oreke land.
The counter claimant however claimed the reliefs that declaration that the land being occupied by the defendant/claimant belongs to the family of counter-claimant and his community (Oreke-Okegbo).
A declaration that all mineral resources presently discovered (Marbles) and likely subsequent discoveries solely belong to the counter-claimant family and community (Oreke-Okegbo).
They sought an order directing the defendant/claimant and his community to account for the proceeds realised from the said mineral resources since its discovery in 1989 or thereabout, as reflected on the Agreement between the defendant/claimant and the miner.
An interlocutory injunction restraining the defendant/claimant, Agents, privies from further managing or giving approval or lease any part of the land for the purpose of extracting or quarrying henceforth among several others.
