Guardian

THIRTY-SIX years after Ago-Iwoye and Oru communities, located within Ijebu North Local Council Area of Ogun State, engaged each in a battle of supremacy over boundary barrier, an a State High Court has finally laid the matter to rest.

The state’s High Court, Abeokuta Judicial Division, in a case No. AB/192/93, upheld the declaration of Osibodu Boundary Settlement Commission, which had earlier fixed the boundary between the two communities at a small stream called Eripa Stream.

However, Justice N.I Saula said that all properties that fall within the disputed area are adjudged to be under the Oru territorial and administrative boundary.

The decision was in a case brought by Otunba Kolawole Abdul, Otunba Nelson Oduntan and Otunba Koyejo Adekoya for themselves and on behalf of Ago-Iwoye community against the Attorney General, Ogun State, Chief (Prof.) Cornelius O.Taiwo, Chief Ezekiel Dina and Chief Jacob Ola Talabi.

The claimants wanted the court of first instance to hold that an earlier decision of a Boundary Settlement Commissioner between Ago-Iwoye and Oru is incompetent, illegal, unconstitutional, unenforceable, null, void and of no effect.  They also wanted an order quashing and, or nullifying an Ogun State published Gazette.

Further more, the Ago-Iwoye clan sought a perpetual injunction restraining the Ogun State Government from fixing any boundary pillar, beacon or signpost in Ago-Iwoye or environ purportedly determined in the said Suit No. BSC/5/78 as per its judgment/decision/finding delivered on 22nd November 1983 among others.

Justice Saula, held that the process was an abuse of court process and accordingly dismissed.

“I hold that this action is an abuse of court process, the law having been provided that the cause of action between the parties must end at the Appeal Tribunal and it had so ended.  From the foregoing, the claimants’ claim must fail and same is accordingly dismissed.  The claimants having failed or neglected to defend the second to fourth defendants’ counter-claim, same remains uncontested and they therefore succeed and accordingly granted.”

The Osibodu Boundary Settlement Commission had in 1976 declared Eripa Stream as the boundary between the two communities, but Ago Iwoye later contested the judgment and finally lose to Oru in a court of Justice Saula.

In the commission’s report titled Intra-State Boundary Dispute, item No 173-176, it was discussed thus: “Ago Iwoye People were found by the commission to have unduly capitalized over the sale of parcels of Oru land to them by seizing the opportunity to arbitrarily shift their administrative boundary.”

Declaring its observation that Oru and Ago Iwoye belonged to different district council area, “The commission therefore recommended that Eripa stream should be both the administrative and traditional boundary between Ago Iwoye and Oru. It has accordingly advised Ogun State Government to effect that for the peace of the area.”

Following its critical findings, Justice Saula completely agreed with the judgment of  the Boundary Appeal Tribunal in Suit No: AB/1A/85 which dismissed the appeal lodged by Ago Iwoye community on the findings of Osibodu Boundary Settlement Commission which the law says is the final Arbiter in boundary settlement cases in Ogun State.

Suffice to say that earlier, the Federal Government had in 1976 issued a white paper on the same subject matter, fixing the boundary between Oru and Ago Iwoye at Eripa Stream based on the recommendations of Justice Nasar Boundary Adjustment Commission.

In other words, all lands starting from Itamerin Comprehensive High School to the said Eripa stream fall within the Oru territorial, administrative and traditional boundary.

The Chairman, Oru Progressive Union (OPU), Chief S.O Ketiku and his Secretary, Alhaji Nasiru Adesegun Adesi, at a press conference on the matter in Lagos, recently emphasized that the boundary dispute does not bring any restiveness or enmity to the indigenes of both communities, rather they continue to live in peace and harmony.

They said in a joint statement: “The fact that Oru and Ago Iwoye indigenes have virtually become one through inter-marriages in undisputable. This does not mean that the traditional boundary between the two communities should not be clearly established, in as much as the two communities have not, through referendum, agreed to bear a common name. Anything short of establishing the traditional boundary is nothing but deceitful relationship.

“There is no reason for Ago Iwoye people to entertain any fear on their buildings within the Oru territorial boundary. Many Oru indigenes equally have buildings on the said area and they are both living peacefully,” they stated.

The OPU therefore acknowledged the efforts of the royal King in Ago Iwoye and Oru for establishing peaceful co-existence between the two communities during the age-longed boundary dispute.