The Oyo State High Court has turned down an application by Seriki chiefs, seeking to stop the installation of a new Olubadan, pending the determination of a substantive suit.
The Seriki chiefs had dragged the Olubadan-in-Council to court for the emergence of a new Olubadan and for the appointments of some high chiefs.
The legal battle had been on since 2007 but was intensified after Oba Samuel Odulana Odugade died on January 19.
The chiefs’ lead counsel, Abideen Adeniran, urged the court to stop the highest traditional council in chieftaincy matters from installing a new monarch.
But Justice Mukhtar Abimbola, the Chief Judge, refused to grant their prayers, saying that if the monarch was installed illegally, the court reserved the right to remove him.
“Even if the oba is installed illegally, he can still be removed by the court because it is not a perishable commodity,” he said.
Adeniran moved two motions, including an order of substituted service of all relevant processes on the wall of the office of Olubadan-in-Council.
He also prayed the court to make an interim order because “we are aware that the defendants have perfected the plan to tamper with the case”.
The court granted the motion on substituted service.
Before the arrival of Folorunso Lana, counsel to the Olubadan-in-council, Adeniran had engaged another lawyer, Oladepo Abiodun, who applied to the court for joinder.
He said: “My lord, the last time we were here in this court, my learned colleague said he just took over the case and that he needed to go through all the processes and your lordship allowed him.
“But, today they have not filed a single paper. It has been their ploy since we started this case in 2007. That is why I will be opposing this application for joinder.
“Only one person wants to join now but by the next adjourned date, another person will appear.
“If somebody purposely delays the court, the court cannot just keep on adjourning the case. If this is adjourned, another intervening application will be filed.”
Adeniran asked the court to expunge the name of the first defendant, the late Oba Odulana, from the suit through oral application.
But Lana opposed him, arguing that “they ought to have filed a motion striking out the names. We still have six names and without an application, they still remain”.
Before adjourning till today, Justice Abimbola said: “I will consolidate the cases so as to make progress.
“Chieftaincy issues are very simple. Don’t make a non-controversial issue appear controversial. I will raise four issues and then expect your written addresses. Let us remove the dead from the living.”
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