Olubadan and Governor Abiola Ajimobi
The panel of the Court of Appeal sitting in Ibadan, headed by Justice Nonyerem Okoronkwo on Monday reserved judgment in the appeal filed by the Oyo State government against the judgment delivered by Justice Olajumoke Aiki of the Oyo State Hgh Court on the review of the Olubadan chieftaincy declaration elevating some recognised Ibadan chieftains to Obas.
The high court had held that the governor does not have the power to set up a Commission of Enquiry to review the 1957 Ibadan Chieftaincy Declaration and its recommendation which led to the crowning of the 21 new Obas in Ibadan.
At the resumed hearing, counsel representing Senator Rashid Ladoja, Michael Lana Esq had written a letter saying he was sick and authorised Sanyaolu Akinyele Esq to represent him and had filed an application seeking to stay further proceedings in the appeal pending determination of a fresh appeal to the Supreme Court that he filed on behalf of Ladoja against the last ruling of the court that refused to set aside the gazette elevating the new Obas.
In arguing the motion for a stay, the appellant’s counsel, Yusuf Ali (SAN) and the Attorney General of Oyo State, Oluseun Abimbola Esq contended that the application is incompetent as the supposed appeal to the Supreme Court was filed well out of the statutory time limit. The court agreed with the said argument and dismissed the application for stay of proceedings.
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All other attempts by the counsel to Senator Ladoja, S. S. Akinyele to adjourn the appeal further was opposed by the appellant’s counsel and the Attorney General on the ground that it was a calculated to frustrate the appeal.
The court held that no reasonable ground exists to adjourn when the counsel on record, Michael Lana had written to authorise Akinyele to proceed with the appeal and the court took arguments of the parties.
Yusuf Ali (SAN) had argued that the governor had the power to set up the committee to review the chieftaincy law of the state and ensure crowning and coronation of the 21 new Obas in Ibadanland and urged the court to allow the appeal and set aside the judgment of the lower court.
Ladoja’s counsel, Sanyaolu Akinyele, had in his argument urged the Court of Appeal to uphold the judgment of the lower court and dismiss the application.
After the parties adopted their briefs, the panel which had Justice A. Talba and Justice F. Ojo reserved judgment till an unstated date, informing the parties that the date will be communicated to them later.
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