Apetumodu chieftaincy tussle: Court grants preservative order to maintain status quo ante

AN Osun State High Court, sitting in Osogbo on Monday granted a preservative order to maintain status quo ante in matter instituted by Prince Julius Abiodun Taiwo Ayoola and Prince Omogbolahan Ayoola over the filling of the vacant stool of Apetumodu of Ipetumodu.

The plaintiffs had on behalf of members of Elewa Royal family in the suit no: HIF/50/2018 joined as defendants the governor of Osun State (1st), Attorney General of Osun and Commissioner for Justice (2nd), Commissioner for Local Government and Chieftaincy Affairs (3rd), Ife North Local Government (4th) and the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi (5th).

Other defendants in the suit include Chief Afolabi Adedeji (6th), Chief Adesoye Babalola (7th), Chief Titus Olanrewaju (8th), Chief Kehinde Orosanya (9th) and Prince Joseph Gbenga Oloyede (10th).

When the matter came up before the court, counsel to the plaintiffs, Barrister Yemi Abiona argued that “the 4th defendant despite being served with the originating process and motion for interlocutory injunction still went ahead to request the 5th defendant to give consent to the purported selection of the 10th defendant.”

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According to him, “as a result of this development, the sanctity of the court should be maintained. I humbly apply that the court should grant a preservative order that parties should maintain the status quo, most especially the 4th and 5th respondents. The purpose of the preservative order is to maintain the status quo and the state has nothing to lose if the order is granted.”

While opposing the application for preservative order sought by the counsel to the plaintiffs, counsel to the 1st, 2nd and 3rd defendants, Barrister Jide Obisakin, who is also the state director of litigations argued that the order was targeted at ambushing the defendants in the suit.”

He submitted that “we have an application before the court which had not been taken due to the fact that the parties have not been served. I am of the view that the basis for the request is doubtful. It is an attempt to ambush other defendants. I am requesting your Lordship not to grant the application against the 1st to 3rd defendants.”

In her ruling, the presiding judge, Justice Kudirat Akano declared that “I found merit in the application for the preservative order. I hereby grant the application for preservative order pending the hearing and determination of the motion on notice and interlocutory injunction.

She subsequently adjourned the matter to September 4, 2018, for further hearing.