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 Alaafin of Oyo stool due to administrative issues.
The PUNCH reports that the throne became empty after the death of the late Alaafin of Oyo, Oba Lamidi Adeyemi III, who died at 82 after ruling for 52 years.
The individuals in the lawsuit no HOY/14/2023 are 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.
They were asking for a court order to prevent Makinde and his representatives from overruling their choice for the vacant throne.
They stated that they followed proper procedures in selecting/appointing a candidate for the vacant Alaafin of Oyo throne as conducted by the kingmakers of Alaafin of Oyo Chieftaincy.
When giving the decision on the preliminary objection filed by the defendants, Justice Ladiran Akintola stated on Tuesday that there was no evidence of notifying the governor of the result of the selection process carried out by the kingmakers.
The failure to inform the governor of the result affected the main case, leading to its dismissal.
The ruling mentioned that, “This court found merit in the Notice of Preliminary Objection filed by the defendants/applicants against the claimants/respondents in this case.
“The objection was successful, and all the issues raised for determination of this court by learned counsel on both sides were resolved in favor of the defendants/applicants but against the claimants/respondents.
Therefore, the case initiated by the claimants/respondents against the defendants/applicants is dismissed.”
In a phone interview with The PUNCH on Friday, the lead counsel for the claimants, Kunle Sobaloju (SAN) mentioned 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.
Discussing the judgment, Sobaloju stated that the judgment on Tuesday was regarding a preliminary objection filed by the defendants, which include the Governor of Oyo State, the Attorney General of the state, and the Commissioner for Local Government and Chieftaincy Matters.
He explained, “Following that preliminary objection after we filed our case, they challenged it on the basis that we did not fulfill the prerequisite conditions for filing such an action.
They claimed that the condition was that the Secretary of the Local Government, Atiba Local Government, did not notify the governor of the Oyo Mesi about the selection of Prince Lukman Gbadegesin as the candidate to fill the Alaafin of Oyo throne.
“Our response was that this duty is imposed by law, specifically Section 19 of the Chieftaincy Law, on the Secretary to the Local Government and not on the kingmakers. We also provided evidence that the kingmakers forwarded their decision to the Secretary of Atiba Local Government.
“We also displayed a letter from the Secretary of Atiba Local Government recognized by the Ministry of Local Government and Chieftaincy Matters. That is the only way the governor can be involved. You can not go to the governor and give him the letter directly.
“We also argued that even the issue is about evidence that the governor can only confirm whether he was served or not with proof of evidence. It is not the issue that the court can decide through a preliminary objection.
“However, it is the failure to deliver the notice of the decision of the kingmakers on the governor that impacts our case, and therefore, it was dismissed.
“We have submitted 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.”
