Chieftaincy review: Olubadan gets court assent to use substituted service for elevated Baales

JUSTICE Olajumoke Aiki of Court 10 of the Oyo State high court sitting at Ring road, Ibadan on Wednesday granted leave to the Olubadan of Ibadan land, Oba Saliu Adetunji, to serve on the 12 Baales recently elevated to the position of Obas in Ibadan, the Writ of Summons and all other processes in the suit he filed via substituted service by posting same the processes on the notice board of the state high court, Ring road.

The court gave the order with further instruction that the service is effected within 24 hours while ruling on an application filed by the Olubadan counsel, S. A. Adewole to ask for a court order allowing him to do so.

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 N.N Adeoye announced his appearance as counsel for the state governor, the Attorney General Commissioner for Justice as well as the Commissioner for Local Government and Chieftaincy Matters while Kenneth Eleja (SAN), from the chambers of Yusuf Alli, announced appearance for the elevated high chiefs though he informed the court that no process has been served on him and he only appeared because his client got information that the case was coming up on Tuesday evening.

He however volunteered to collect the process from the registry of the court on behalf of the claimants and Adewole moved his application dated September 26, 2017, seeking for leave to serve the Baales through substituted service by means of placing same on the court’s notice board.

His 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 nonservice sworn by a court bailiff and a written address dated September 26, 2017.

Adewole then asked for a date to argue his Exparte Motion dated September 18, 2017 and Motion for Interlocutory Motion after substituted service would have been effected on the Baales but asked the court to ask the respondent’s counsel to advise their client to await proceeding of the court and not outreach themselves in any way that will make the court a toothless bulldog and citing the violence at the Olubadan palace on Monday as an example, adding that the Olubadan is a law-abiding citizen and that is why he came to court and did not take laws into his hands.

Kenneth Eleja (SAN) however raised an objection to the line of argument, asking the court to tell claimant counsel to keep within the bounds of why they were in court, adding that the argument was scandalous as what has not been said is inherent in what he said and it is a way of saying his clients were responsible for the incident

The court agreed with the objections of Eleja that the claimant counsel’s arguments were out of tandem with the suit and asked him to limit his application to facts that are before the court.

The case was adjourned till Wednesday, October 11, 2017, for mention with an order that substituted service be effected within 24 hours from the adjournment of the case.