Magistrate threatens to withdraw from Oluwo’s case
There is a twist to the controversy surrounding court order seeking the arrest of Oluwo of Iwo,in Osun state oba Abdul-Rasheed Akanbi following the decision of Magistrate Olusola Aluko handling the case† to withdraw from the case yesterday.Aluko had earlier through bench warrant ordered the arrest of the monarch but the police failed to do the needful since last year. The matter assumed a dangerous dimension onThursday as magistrates in the state alleged threat to their lives and threatened to go on strike if Oluwo was not arrested.
At the resumed sitting of the court yrsterday in Osogbo, capital of Osun state day, Aluko announced his decision to hands off the case because of the dimension it had taken.
Counsel to the plaintiff, Mr Soji Oyetayo told the court that he had filed a notice seeking the leave of the court to withdraw the suit because his client had decided to discontinue the case owing to intervention of some eminent citizens in Osun state and some Yoruba leaders.
The Magistrate explained that he was not willing to listen to the counsels to the parties in the matter since he hads already stepped down the substantive matter.
But counsel to the respondent, Chief Laide urged the Magistrate to listen to him and consider the notice of discontinuance of the matter brought before the court by his colleague.
The Magistrate insisted that he would not entertain the withdrawal of the case but counsel to the respondent said he wanted the court to record it appropriately that a notice of withdrawal of the case was brought to the court and the magistrate refused to entertain it.
This compeled Aluko to change his mind and agreed to attend to the application seeking the withdrawal of the suit.Thereafter, the counsel to the plaintiff told the court that a traditional ruler, the Olowukuta of Kuta,Oba Makama Adekunle wanted to make a comment on the matter and sought the permission of the Magistrate to allow him.Counsel to the respondent did not object the request of his colleague to allow the comment by the monarch but the Magistrate said he would not put the comments of the monarch on record since he was not a party in the matter.
He then granted the permission.
In his comment, the Olowukuta apologised to the Magistrate over the situation and assured him that the traditional institution in the state holds the judiciary in high esteem, adding that the matter must be handled with care to protect the integrity of both the judiciary and the traditional institution.
Delivering his rulinghis ,Aluko said for the sake of consistency, he would not make any pronouncement on the withdrawal of the suit and that he would hand off and refer the case back to the Chief Magistrate for further action. He adjourned the matter to February 15.††††††††††††††††† plaintiff, Oba Akadiri Lamidi Olatunde Adeo25ye said he withdrew the case because of It would be recalled that the Oluwo-Oke ,oba Akadiri Lamidi Adeoye had dragged his brother king, the Oluwo of Iwoland to court over sundary allegations.