The Olubadan had filed the suit delineated I/1077/2017 against the Oyo State governor, Senator Abiola Ajimobi, the state Attorney General and Commissioner for Justice, the Commissioner for Local Government and Chieftaincy Matters, the eight elevated high chiefs and the 12 elevated Baales, to contest the recent reform following the report of the Justice O. A. Oyeboade panel and subsequent coronation of 21 Obas in Ibadan.
When the case was called, counsel to the 12 elevated Baales, Kunle Sobaloju, informed the court that he had filed a Notice of Preliminary Objection to contest the Locus Standi of the Olubadan to file the suit as he cannot claim any injury from the reform that elevated the Baales, adding that if the claimant has no locus standi to file the suit, then the court lacks jurisdiction to hear it.
In response, counsel to the Olubadan, Niyi Ajewole stated that he had received the process and had filed his response before the court while counsel to the governor, Attorney General and Commissioner for Local Government, N. N. Adegboye further stated that he is already filing a process of Preliminary Objection at the court registry against the suit, adding that he has not received any process from the claimant.
Justice Aiki informed the parties that she could see Ajewole’s response in the court file but could not find the process filed by Sobaloju which Ajewole later explained must have gone to the wrong court since Court eight was written on it instead of 10.
Parties consequently agreed on an adjournment since some processes were not before the court and Justice Aiki adjourned till November 6, 2017, for hearing of preliminary objections with an order that the process is passed to the court file immediately after the hearing while all other processes must also be served with proof of service filed in the court file under 24 hours
Ajewole, however, applied that on the adjourned date, the court should immediately hear his motion for Interlocutory Injunction after ruling on the preliminary objections but counsel to the elevated high chiefs, Kenneth Eleja (SAN) objected to this on the ground that it is not the proper procedure in law.
“Once there is a challenge in the jurisdiction, every other thing must be kept in abeyance until there is a definite pronouncement on jurisdiction. It is a settled position in law and in the interest of everyone,” Eleja stated.
Sobaloju and Adegboye aligned themselves with Eleja’s submission and Sobaloju added that taking the application challenging jurisdiction and interlocutory injunction together means that the court has already decided it has jurisdiction before hearing the arguments of parties.
It will be recalled that at the last hearing, the elevated Baales were not represented by counsel and Justice Aiki had granted claimant’s application that they should be served through substituted means by pasting all the required process on the notice board of the high court within 24 hours of the ruling.
Olubadan’s application for substituted service which was filed before the court pursuant to 7 Rule 5 of the Oyo State High Court Civil Procedure Rule 2005, was supported by a 13-paragraph affidavit sworn to by Abiodun Abejide, a litigation clerk, an affidavit of non-service sworn by a court bailiff and a written address dated September 26, 2017.
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