Oyo High Court sitting in Awe has struck out a case filed by Oyo kingmakers against Governor Seyi Makinde, State Attorney General and Commissioner for Local government and Chieftaincy matters on the vacant Alaafin of Oyo stool over administrative defect.
The claimants in suit no HOY/14/2023 are; the Bashorun of Oyo, High Chief Yusuf Layinka; Lagunna of Oyo, High Chief Wakeel Oyedepo; Akinniku of Oyo, High Chief Amusa Yusuf; Areago Bashorun, Chief Wahab Oyetunji; and the Alapo of Oyo, Chief Gbadebo Mufutau.
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They are seeking a court injunction restraining the state governor, Engr. Seyi Makinde and his agents from overruling their selected candidate for the vacant throne of the Alaafin of Oyo.
They argued that due diligence was followed in the selection/appointment of the candidate for filling the vacant stool of Alaafin of Oyo duly conducted by the kingmakers of Alaafin of Oyo Chieftaincy.”
But Justice Ladiran Akintola, while ruling on the Notice of Preliminary objection filed by the defendants, said there is no proof of service to notify the governor of the outcome of the kingmakers’ selection process.
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The failure to serve the notice of their on the governor thereby affects the substantive case and as such the case was struck out.
It was stated in the ruling that, “This Court found merit in the Notice of Preliminary Objection filed by the Defendants/Applicants against the Claimants/Respondents in this case.
“The same succeeds; accordingly all the issues raised for determination of this Court by the learned counsel on both sides are thereby resolved in favour of the Defendants/ Applicants but against the Claimants/ Respondents.
“Consequently the suit initiated by the Claimants/Respondents in this case against the Defendants/ Applicants are thereby struck out”
Meanwhile, the lead counsel to the claimants Kunle Sobaloju (SAN) in a telephone interview with the Saturday Tribune disclosed that a Notice of Appeal and motion for injunction pending an appeal have been filed at the Court of Appeal and Oyo High Court respectively.
Commenting on the judgement, Sobaloju (SAN) said, the judgement that was passed on Tuesday was on a preliminary objection filed by the defendant which is the Governor of Oyo State, Attorney General of Oyo State and Commissioner for Local government and Chieftancy Affairs.
“By that preliminary objection after we filed our case which they challenged against on the ground that we did not comply with the condition precedence of filing an action of that nature.
“According to them, what was the condition precedence, they said the Secretary of the local government, Atiba local government did not notify the governor of the Oyomesi on the selection of Prince Lukman Gbadegesin as the candidate to fill the stool of Alaafin of Oyo.
“Our response to that objection is to the effect that that duty is imposed on by the law that is section 19 of the Chieftaincy law on the Secretary to the Local government and not on the kingmakers and we exhibited evidence that the kingmakers forwarded their decision to the Secretary of Atiba local government.
“We also exhibited a letter from the Secretary of Atiba local government acknowledged by the Ministry of Local Government and Chieftaincy Affairs. That is the only means by which the governor can be involved. You can not go to the governor and serve him directly.
“We also argued that even if the issue is an issue of evidence the governor can only prove whether he was served or not with proof of evidence.
“It is not the issue that the Court can determine by way of preliminary objection.
” However, it is the failure to serve the notice of the decision of the kingmakers on the governor that affects our case and as such it was struck out.
“We have filed a Notice of Appeal and motion for injunction pending an appeal.
“What was considered on Tuesday was the Notice for Preliminary objection. The merit of the case is yet to be considered”
