An Oyo state high court has dismissed the suit challenging the consent judgment that nullified the promotion of Ibadan high chiefs as Obas.
Munta Abimbola, Oyo chief judge, dismissed the suit on Tuesday after the plaintiffs (high chiefs/obas) — including Lekan Balogun, a former senator — consented to withdraw the suit.
BACKGROUND
In 2017, Abiola Ajimobi, former Oyo governor, conferred the title of Obaship on some high chiefs and Baales, giving them the right to wear beaded crowns and coronets.
The action was challenged by Rashid Ladoja, the Osi Olubadan of Ibadanland and former governor of Oyo, arguing that it violated the 1957 Ibadan Chieftaincy Declaration
The conferment was nullified by J. Aiki, a high court judge, for being in contravention of both the chiefs law and the Ibadan chieftaincy customary law.
Ajimobi, however, challenged the high court’s ruling.
The appellate court, in its decision, set aside Aiki’s decision on technical grounds and directed a retrial of the case.
Upon Seyi Makinde’s assumption of office as governor, it was resolved that the matter be settled amicably and the same was settled through the instrumentality of a ‘terms of settlement’, which became the judgment of the court.
The ‘terms of settlement’ stated that things should return to the status quo.
Dissatisfied with the consent judgment, the high chiefs instituted two separate suits to set it aside.
The suit has generated controversies that contributed to the delay in the appointment of the next Olubadan.
COURT RULING
In a bid for Balogun, the next in line, to be appointed, Makinde had asked the kingmakers to discontinue the case.
The plaintiffs, through their lawyer, Kunle Sobaloju, wrote a letter to withdraw their case.
Dismissing the case, the chief judge explained that the withdrawal of the suit by the high chiefs indicated termination of all litigations on the case.
The chief judge further explained that the Olubadan Chieftaincy Declaration of 1957 remained valid and any contrary declaration should be disregarded.
“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,” the judge held.
“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.
“But since the judgment of the trial court had been set aside, the status quo before the commencement of all proceedings stands.
“Therefore, it means there was no change in the provisions of the Olubadan Chieftaincy Declaration of 1957 since there is a ruling that composition of the Commission of Inquiry was not determined appropriately and therefore it is vide and irregular.
“The case is hereby dismissed but there is no order to cost.”
Source: Top Stories
