A senior advocate of Nigeria, SAN, Kunle Sobaloju has written the governor against restarting the process to choose a new Alaafin of Oyo.
The legal luminary, who was reacting to media report suggesting the move to discard the process concluded initially by the kingmakers otherwise known as the Oyomesi, advised that ‘Seyi Makinde, governor of Oyo State should not do anything but just can prejudice pending appeals in courts.
According to the Ibadan-based lawyer who is representing the Oyomesi in court, “We wish to restate that in view of the pending appeals in appeal number APPEAL NO: CA/IB/134/24 High Chief Yusuf Akinade Ayoola Layinka & Ors v. Governor of Oyo State & Ors and the pending application for interlocutory orders of injunction restraining
your Excellency, servants, agents, assigns, and or privies or otherwise and howsoever from aborting the process for 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 and or removing the appellants/applicants as the
Kingmakers of the Oyo Alaafin or dissolving the Oyomesi in Council and or appointing or selecting warrant chiefs to conduct or start a fresh process or exercise for the filling of the vacant stool of Alaafin of Oyo pending the determination of the appeal against the ruling of Justice Akintola of High Court Oyo delivered on 16h April 2024, it would be subjudice for your Excellency to take any step that may render the decisions of the Court of Appeal nugatory,” the letter read in part.”
He also noted that if the Governor proceeds to commence the fresh process for the filling of the vacant stool of Alaafin of Oyo, such action “would be subjudice and tantamount to lawlessness and disregard of the superior courts of record an act which your Excellency ought to distance yourself from.”
He explained that Supreme Court, the highest court in the land, has at various times frowns at parties before the court engaging in self-help.
“Particular reference is made to the decision of the Supreme Court in the case of Ajuwon & Ors v. Governor of Oyo Sttate & Ors. (2021) LPELR-55339(SC), where the Supreme Court states thus ‘ it is unthinkable for a democratically elected governor to embark on unwholesome and undemocratic tendencies.
“We therefore once more request and urge your Excellency to suspend any plan to kick start a fresh process for the filling of the vacant stool of Alaafin of Oyo. during the pendency of a motion for injunction pending appeal in obedience to the law and integrity of our courts,” the letter added.
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