AN Oyo High Court 1 sitting in Oyo town, on Thursday, struck out the case instituted by Basorun of Oyo, High Chief Yusuf Ayoola and four others against Gov. Seyi Makinde and two others.
The News Agency of Nigeria (NAN) reports that the striking out of the case was sequel to its withdrawal by the claimants and filing of a fresh case.
NAN recalls that the kingmakers, popularly known as Oyo Mesi, had filed a suit against the governor, the Commissioner for Local Government and Chieftaincy Matters and the Attorney-General and Commissioner for Justice to stop them from aborting the process for the selection and appointment of the candidate for the vacant Alaafin stool.
Other claimants in the suit No. HOY/38/2023, which was struck out, were: Lagunna of Oyo, High Chief Wakeel Oyedepo; the Akiniku, High Chief Amuda Yusuf; Areago Basorun, High Chief Waheed Oyetunji and the Alapo, who is also the Warrant Officer for Alaapini of Oyo, Chief Gbadebo Mufutau.
NAN reports that they were all absent during the court sitting on Thursday.
Lead counsel to the claimants, Kazeem Sobaloju (SAN), represented by I.B. Olayinka, said they filed a notice, dated Oct. 31, to discontinue the suit, as a fresh one, with No. HOY/14/2023 had been instituted.
NAN recalls that Sobaloju had, on Monday, requested the maintenance of status quo on the two motions pending before the court.
His prayers could, however, not be granted, as the defence counsel argued that they had yet to file a counter-affidavit on the ex parte motion.
It was in view of this that the court adjourned the case till Thursday.
However, counsel to the claimants, rather than progressing with the case as earlier sought, filed a motion for discontinuance of the previous case and substituted it with a new one.
Sobaloju prayed the court for hearing of the new suit.
The Presiding Judge, Justice Ladiran Akintola, said that the case file had to be looked into before the date for hearing would be fixed.
Consequently, Akintola struck out the case and informed the counsels that the date for the hearing of the fresh suit would be communicated to them.
The Attorney-General, Abiodun Aikomo, who is the second defendant in the suit, appeared in person and equally for the first and third defendants, the governor and the commissioner for local government and chieftaincy matters.
Other counsels in his team included: the Deputy Director, N.A. Abiola; Principal State Counsel, N.I. Shittu and Senior State Counsel, E.O. Ojebisi, while the Deputy Director, Chieftaincy Matters, Felicia Olawale, also appeared for the third defendant (NAN)
November 2, 2023 @ 20:52 GMT|