Appeal court reserves judgment in Ikorodu kingship suit

The Lagos division of the Court of Appeal has reserved judgment in the appeal challenging the installation of Kabiru Adewale Shotobi as the Oba Ayangburen of Ikorodu, Lagos State.

The appellate court presided over by Justice Muhammed Mustapha reserved judgment after the parties adopted their briefs of argument.

The appellants’ counsel, Mr. Eyitayo Jegede (SAN), at the hearing, while adopting his brief of argument, prayed the court to vacate the lower court’s judgement and grant all the reliefs sought.

Counsel to the first to 6th respondents, Mr. Olusegun Fabunmi (SAN), who opposed the application, prayed the appellate court to decline the same and uphold the judgement of the lower court.

Consequently, the court reserved judgment for a date that would be communicated to the parties.
Justice M. Savage of the Lagos State High Court, Ikorodu, had in his judgement ratified Shotobi as the Oba Ayangburen of Ikorodu, Lagos State.

Dissatisfied, the appellants, the Lambo branch of Lasunwon Ruling House, challenged the installation of Shotobi as the Oba Ayangburen of Ikorodu and prayed the court to set aside the judgement of the lower court.

The appellants/applicants, Mr Matthew Shodipo, Omobo Sokelu, Shakiru Shodipo, Mr Nurudeen Fakomaya and Mr Albert Ania, are praying the court to allow the appeal and set aside the judgement of the lower court.

The appellants, in their notice of appeal, stated that the trial judge erred in law in holding that the third to sixth respondents were not parties to suit No KD/57/2007 and therefore, not bound by the decision in that case.

They urged the court to hold that the third to sixth respondents are kingmakers of Ikorodu and privies to Mr Z. Aro in Exhibit A, who was sued on behalf of the kingmakers.

They are further contending that the trial judge erred in law in holding that Clause 2 of the consent judgement in suit No IKD 57/2007 did not preclude the Adegorushe branch from presenting a candidate, nor preclude the second respondent from being nominated as a candidate for the vacant Ayangbure title of Ikorodu.

The appellants argued that the trial judge misdirected himself in law and thereby came to a wrong conclusion that the Obas and Chiefs Laws are paramount and therefore, all the reliefs sought in the originating motion must fail.

“The interpretation by the lower court took away cause of action as brought by the applicants and extended it beyond the reliefs sought by the applicants into the response sought by the respondents.

“The interpretation of the court by reference set aside the judgement of Abiru J., (as he then was) in suit No. IKD/57/2007, a relief not sought by the applicants.

“The learned trial judge misdirected himself in holding that suit No. IKD/57/2007, is subsisting having not been appealed against yet, that 3-6 respondents are not bound by it but bound only by his judgement.

“The trial judge erred in law in holding that all reliefs sought in the originating summons must fall and indeed dismissed the same.

“The learned trial judge, having extensively dealt with the issue of waver raised by the respondents, refused and neglected to ascribe nor articulate on the issue of estoppels in pairs, raised by appellants nor pronounce the same.”