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Oyo CJ okays bid for new Olubadan

By Rotimi Agboluaje, Ibadan
02 February 2022   |   4:04 am
Chief Judge of Oyo State, Justice Munta Abimbola, yesterday, said there was no court process delaying the selection and installation of the Olubadan of Ibadan.

Chief Judge of Oyo State, Justice Munta Abimbola, yesterday, said there was no court process delaying the selection and installation of the Olubadan of Ibadan.

The jurist, who stated this after dismissing a case filed by Senator Lekan Balogun and seven other Ibadan high chiefs, contesting the validity of a consent judgment given by a state high court on November 19, 2019 in suit, M/317/2017, said the parties could proceed with the selection of a new king.

The judge, in his brief judgment, declared that the Olubadan Chieftaincy Declaration of 1957 stands unmoved and is unaffected by any step taken so far.

The judge added that he was dismissing the suit and not striking it out as requested, “because issues have been joined and argued in the matter, which were a result of the order of the appellate court pursuant to Section 16 of the Court of Appeal Act 2004.”

Abimbola went on: “The appellate court held that the judgment of the lower court delivered on January 19, 2018 is set aside, and the case is submitted back to the honourable Chief Judge of Oyo State for retrial before another judge. Parties are to file pleadings. The case was referred to another judge, but instead of filing pleadings, consent judgment was entered into and this case arose from that.

“However, the claimants brought this application to discontinue the suit and predicated it on the interest of peace and there was no objection to their application. In my own view, since the Court of Appeal has set aside the judgment appealed against and in this case, there was a specific order of re-hearing, the judgment of the Court of Appeal stands and remains in perpetuity until reversed by a superior court.”

“Now, the suit had been applied to be withdrawn, I will not hesitate to grant the withdrawal application and leave is hereby granted for the case to be withdrawn.”

At the resumed hearing of the matter, Kehinde Eleja (SAN), counsel to Senator Balogun, had informed the court that he had an application dated January 31, 2022 and filed on February 1, 2022 for the discontinuance of the suit, adding that he had served the process on all parties and was ready to move it before the court.

The application was supported by a four-paragraph affidavit deposed to by a counsel identified as Grace Asaolu and a written address. He said he was ready to move the application and prayed for an order granting leave to discontinue the suit.

In his submission, Sanya Akinyele, counsel to the state government and its agencies, informed the court that he was not opposing the request.

Making his submission, Kehinde Owoade, lawyer to former Governor Rashidi Ladoja, confirmed that he had been served the process and had no objection to the application for discontinuance.

Nonetheless, Owoade urged the court to direct the applicants to pay N500, 000 to each to the respondents.

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