Oyo High Court has struck out a case filed by Oyo kingmakers (Oyo Mesi) against Governor Seyi Makinde, 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.
The claimants in suit no HOY/14/2023 are the Bashorun of Oyo, Chief Yusuf Olayinka; 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 of 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, on Tuesday, 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 the learned counsel 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), 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 passed, on Tuesday, was on a preliminary objection filed by the defendant which is the Governor of Oyo State, the Attorney General of the state and the Commissioner for Local Government and Chieftaincy Matters.
He said: “By that preliminary objection after we filed our case which they challenged against on the ground that we did not comply with the condition precedent of filing an action of that nature.
“According to them, what was the condition precedence, they said the Secretary of the Local Government, Atiba Local Government did not notify the governor of the Oyo Mesi on the selection of Prince Lukman Gbadegesin as the candidate to fill the stool of Alaafin of Oyo.
“Our response to that objection is to the effect that that duty is imposed on by the law, that is Section 19 of the Chieftaincy Law on the Secretary to the Local Government and not on the kingmakers and we exhibited evidence that the kingmakers forwarded their decision to the Secretary of Atiba Local Government.
“We also exhibited a letter from the Secretary of Atiba Local Government acknowledged by the Ministry of Local Government and Chieftaincy Matters. That is the only means by which the governor can be involved. You can not go to the governor and serve him directly.
“We also argued that even if the issue is an issue of evidence, the governor can only prove whether he was served or not with proof of evidence. It is not an issue that the court can determine by way of preliminary objection.
“However, it is the failure to serve the notice of the decision of the kingmakers on the governor that affects our case, and as such, it was struck out.
“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.”
