Obaro Stool: Oba Owoniyi heads to Supreme Court

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The Obaro of Kabba, Oba Solomon Owoniyi has stated his desire to head to the Supreme Court following the judgment of the Court of Appeal that grant power to the Ilajo’s family to challenge his nomination as Obaro of Kabba.

 

Counsel to the monarch, Dr Dago Akinlaja who made this known on Friday in a statement made available to newsmen said they are optimistic that the Supreme Court will upturn the Appeal court verdict.

The Ilajo’s family had in 2019 approached the state High Court challenging the nomination of Oba Solomon Dele Owoniyi as the Obaro-Elect for Kabba. The High court however agreed with the monarch counsel that the issue was status barred and rejected the Ilajo’s suit.

 

But the Court of Appeal had on Thursday affirmed that Ilajo’s family had jurisdiction to challenge Owoniyi’s nomination, as the issue was not status barred.

Counsel to the Obaro, Dayo Akinlaja, who hinted at the Supreme Court move said, “It was our conviction that the suit was not valid for a number of reasons including the fact that the action is statute-barred which means that it was filed outside the time permitted by law.

“It was late in the day because the reports of the various judicial commissions of inquiry that had looked into the Chieftaincy title are binding on the Claimants and cannot be challenged in court.

 

“The action cannot be filed before the Governor had been given an opportunity to look into the propriety or otherwise of the appointment of the Obaro, Oba Solomon Owoniyi.

“By reason of that conviction, we filed a preliminary objection to challenge the jurisdiction of the High Court to entertain the suit. Upon arguments taken, the High Court agreed with us that the suit was statute-barred and struck out the suit.

 

“The claimants( Ilajos) were dissatisfied and headed to the Court of Appeal. But the Court of Appeal delivered its judgment and upturned the decision of the High Court, meaning that the Court of Appeal is of the position that the suit before the High Court was properly filed and should be heard on its merit and therefore sent the case back to the High Court for hearing on its merit.

“It is my honest conviction that the Court of Appeal is wrong in its judgment. On account of that, I strongly believe we should appeal to the Supreme Court on the issue of jurisdiction.

 

“It is important to mention that the merit of the case at the High Court has not been touched up till this moment. So, there is no threat of any kind to the appointment of the Kabiyesi.”

 

 

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