A Magistrate Court, sitting in Osogbo, Osun State capital, on Friday, ordered that the Oluwo of Iwo, Oba Abdulrasheed Adewale Akanbi should be physically present in court during the next adjourned date in a suit instituted against him by the Agbowu of Ogbaagba, Oba Dhikirulahi Akinropo over an alleged assault.
Presiding Magistrate Olusegun Ayilara said, “it is therefore ordered that the respondent (Oluwo) should personally appear in court during the next adjourned date of 3rd of April, 2020.”
He stated that the suit MOS/M84/2020 is a quasi-criminal matter, which requires the presence of the defendant (Oluwo) in court, saying that “the hearing notice should be pasted of the walls of residence of the respondent. The hearing notice should also be forwarded to his verifiable phone number.”
Earlier, counsel to Oba Akinropo, Barrister Soji Oyetayo had urged the court to issue a bench warrant against Oba Akanbi for failing to appear in court.
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According to him, “the defendant has been duly served with the court process. The defendant’s counsel had informed this court that he appeared for his client. It was the defendant that said that the application should be served on his office.”
“The defendant was served with an affidavit. He has to be in court. I will urge this honourable court to order that bench warrant be issued against him”, Oyetayo contended.
While arguing against the issue of bench warrant against his client, counsel to Oba Akanbi, Barrister Tiamiyu Adegboyega averred that “the application was served on the office of his client on Wednesday, 18th of March, 2020 around 12.45 pm. The respondent is yet to be personally informed and served with the process of the court.”
He continued “we are here in protest appearance on behalf of the respondent. The application for bench warrant is hereby opposed because it lacks merit. The application has no basis in law. I will urge this court to discountenance the application. We are still within time to react to the application.”
In his ruling, Magistrate Olusegun Ayilara said the court wanted to give the defendant (Oluwo) benefit of doubt, ordering that he should appear in court and adjourned the matter to 3rd of April, 2020.
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