In a recent development, the Oyo State High Court in Awe, Oyo State, has dismissed a case brought by the Oyo kingmakers (Oyo Mesi) against the state governor, Seyi Makinde, the state Attorney General, and the Commissioner for Local Government and Chieftaincy Matters regarding the vacant stool of the Alaafin of Oyo due to an administrative defect.
Following the passing of the late Alaafin of Oyo, Oba Lamidi Adeyemi III, who ruled for 52 years and passed away at the age of 82, the stool had become vacant.
The plaintiffs in the lawsuit, including the Bashorun of Oyo, Chief Yusuf Layinka; Lagunna of Oyo, Chief Wakeel Oyedepo; Akinniku of Oyo, Chief Amusa Yusuf; Areago Bashorun, Chief Wahab Oyetunji; and the Alapo of Oyo, Chief Gbadebo Mufutau, sought a court injunction to prevent Makinde and his representatives from overturning their choice for the vacant stool.
The claim was made that “the selection/appointment of the candidate for filling the vacant stool of Alaafin of Oyo was conducted diligently by the kingmakers of Alaafin of Oyo Chieftaincy.”
After considering a preliminary objection filed by the defendants, Justice Ladiran Akintola ruled that there was no proof of service to notify the governor of the outcome of the selection process conducted by the kingmakers.
Due to the failure to serve notice of the outcome to the governor, the substantive case was affected, leading to its dismissal.
The ruling stated, “The court found merit in the Notice of Preliminary Objection filed by the defendants/applicants against the claimants/respondents.
“As a result, all issues raised for determination by the court favored the defendants/applicants against the claimants/respondents.
“Therefore, the lawsuit brought by the claimants/respondents against the defendants/applicants was dismissed.”
In a recent phone interview with NewsNow, the lead counsel for the claimants, Kunle Sobaloju (SAN), disclosed that a notice of appeal and a motion for injunction pending appeal have been submitted to the Court of Appeal and the Oyo High Court, respectively.
Reflecting on the judgment, Sobaloju clarified that the ruling delivered on Tuesday pertained to a preliminary objection filed by the defendants, namely the Governor of Oyo State, the Attorney General of the state, and the Commissioner for Local Government and Chieftaincy Matters.
He explained, “The preliminary objection challenged our filing on the grounds of non-compliance with the necessary conditions for such an action.
“Their argument was centered on the fact that the Secretary of the Local Government, Atiba Local Government, had not informed the governor of the Oyo Mesi about the selection of Prince Lukman Gbadegesin as the candidate for the Alaafin of Oyo stool.”
“Our response emphasized that it was the responsibility of the Secretary to the Local Government, as stipulated by Section 19 of the Chieftaincy Law, to notify the governor, not the kingmakers. We provided evidence of the kingmakers forwarding their decision to the Secretary of Atiba Local Government.
“Additionally, we presented a letter from the Secretary of Atiba Local Government, validated by the Ministry of Local Government and Chieftaincy Matters, as the proper means of involving the governor. Directly serving the governor was not the prescribed method.
“We argued that the governor’s receipt of the notice was a matter of evidence that could only be verified with proof, and not a determination to be made via a preliminary objection.
“Nonetheless, the failure to serve notice to the governor on the decision of the kingmakers led to the dismissal of our case.
“We have lodged a notice of appeal and a motion for injunction pending appeal. The preliminary objection was the focus of Tuesday’s ruling, with the case’s substance yet to be addressed.”