THE governor of Oyo State, Senator Abiola Ajimobi, on Wednesday changed his legal representative in a suit filed against him and Justice O. A. Boade by the Osi Olubadan of Ibadan land and former governor in the state, Senator Rashidi Ladoja, before a state high court sitting at ring road in Ibadan to ask the court to determine whether the governor has the requisite power to elevate to Obas based on the Justice O.A Boade panel report.
Joined as co-respondent in the suit is the head of the panel of inquiry on whose report the reform was carried out, Justice Boade.
When the case was called before Justice Olajumoke Aiki of Court 10 on Wednesday, Chief Michael Lana announced his appearance for the claimant while Kenneth Eleja from the chambers of Yusuf Alli, announced his appearance for the governor and the Attorney General and Commissioner for Justice, Mr Seun Abimbola, announced his appearance for Justice Boade.
Chief Lana, however, objected to the appearance for the governor, arguing that it is too late for the respondents to split their arguments since it was the Attorney General that had been representing both parties since the case was filed.
“I object to the appearance of the learned silk for the first defendant. They have always been represented by the Attorney General and his team from the Ministry of Justice and all processes are filed for the two respondents together, so everything has closed. Also, there is no change of counsel application before the court, they can’t split their arguments into two so he has no right of audience in this matter,” Lana stated.
But in his reply, the Attorney General stated that he didn’t get hearing notice of the matter coming up on Wednesday morning until Tuesday evening around 6.30pm, adding that two independent state parties are defendants in the matter and every individual that has been summoned to court have the right to be defended by a counsel of choice.
The Attorney General explained further that he just got the information that Yusuf Alli will be taking over as counsel to the governor on Tuesday evening and as the case was listed for mention and he didn’t hear on time, there was no time to regularize appearance, adding that the parties involved will do the needful; before the next hearing.
In his submissions before the court, Kenneth Eleja stated that the right to counsel of choice rests with parties, adding that as long as the case is before the court, parties have a right to use the counsel they want and change counsel.
He explained that a motion was filed before the court on Tuesday to the effect that they would be taking over the matter and that their chambers had sent a memorandum to the court to the effect of taking up the matter, adding that they would file processes by way of the amendment before the next hearing.
Justice Aiki confirmed seeing a memorandum of appearance from the Yusuf Alli Chambers but said she had not seen the application for change of counsel while Chief Lana confirmed that he had just been served with the application for change of counsel.
The matter was adjourned till October 11, 2017, for mention while all processes are expected to be regularized before the date.
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