An Oyo High Court sitting in Awe, Afijio Local Council of Oyo State, has struck out a case filed by kingmakers in Oyo (Oyo Mesi) against Governor Seyi Makinde, the Commissioner for Justice and Attorney General and the Commissioner for Local Government and Chieftaincy Matters on the vacant stool of Alaafin of Oyo over administrative defect.
It would be recalled that the Alaafin stool became vacant following the death of Oba Lamidi Adeyemi III at 82. Selecting the next Alaafin has since then become a subject of litigation.
The claimants in the suit 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.
The claimants were seeking a court injunction restraining Makinde and his agents from overruling their choice on the selected candidate for the vacant stool.
According to them, “due diligence was followed in the selection/appointment of the candidate for filling the vacant stool of Alaafin of Oyo duly conducted by the kingmakers of Alaafin of Oyo Chieftaincy.”
While ruling on the notice of preliminary objection as filed by the defendants, Justice Ladiran Akintola said there was no proof of service to notify the governor of the outcome of the selection process as carried out by the kingmakers.
The failure to serve the notice of the outcome on the governor made the court strike out the case.
The court ruled: “This court found merit in the Notice of Preliminary Objection filed by the defendants/applicants against the claimants/respondents in this case.
“The same succeeds; accordingly all the issues raised for determination of this court by learned counsels on both sides are thereby resolved in favour of the defendants/applicants but against the claimants/respondents.
“Consequently, the suit initiated by the claimants/respondents in this case against the defendants/applicants is thereby struck out.”
The lead counsel for the claimants, Kunle Sobaloju (SAN), yesterday said a notice of appeal and motion for injunction pending an appeal have been filed at the Court of Appeal and Oyo High Court respectively.
Sobaloju said the judgment was based on a preliminary objection filed by the defendants.
He said: “We have filed 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.”
