Alawo stool: Stay of all actions, High Court tells Oyetola, others
12 months ago | 20
AN Osun State High Court sitting in Osogbo on Thursday warned the parties involved in the selection process of the next monarch in the ancient town of Awo, the headquarters of Egbedore Local Government area of the State.
The presiding Judge told the Counsel to 6th, 7th,& 9th defendants respectively and the guardian authority of the process not to do anything pending the determination of the Preliminary Objection on the jurisdiction of the Court brought by the Counsel to the 1st and 2nd defendants, Olamiposi Egbedinni, against the claimants motion on notice in a suit No:HOS/84/2020, between Prince Lawal Oloyede Oyekunle & 3ors and Alhaji Abdulkareem Adegboye &8ors.
Speaking on the Court warning, a Crown Prince of the Abioye ruling house, Prince Abubakar Adeniyi, stated that without prejudice to the Court on the matter, appealed to the parties to respect the rule of law by abiding with the position of the Court on the matter, identifying that the 8th defendant, which is Egbedore Local Government area of the State under the leadership of Olayiwola Abiola Lamby had earlier disrespected the decision of the Court in a suit number: HED/26/2020, between Prince (Mogaji) A. Adediji Vs.Prince I. Adebayo &6 ors, on September 2nd, 2020, when the vacation Judge; Justice Mathias Agboola had during the trial called on all the parties to maintain the status quo.
Prince Abubakar, who is of the Akanfe Adeniyi's extraction of Abioye Ruling House,added that after the Court’s pronouncement during the trial, the 8th defendant claimed of selecting a new monarch in defiance to Justice Agboola's Court order which was tantamount to contempt of Court and Abiola Lamby should be charged for contempt.
The Counsel of the Applicants/Plaintiffs, Kehinde Adesiyan, who told the Court that the Counsel to the 1st & 2nd defendants brought Preliminary Objection on jurisdiction before the Court as a way to cut corner to enthrone the 2nd defendant (Taiwo Adegboye) unjustly.
Adesiyan, who requested from the Court to grant his oral application of Preservative order that all the parties should maintain status quo in the interest of justice, declaring that once the Court jurisdiction is challenged, the best thing for the Court was to settle the issue before proceeding further on the matter.
Reporting the defendants to the Court, particularly, the 1st and 2nd defendants Counsel, Adesiyan disclosed that none of the defendants deemed it fit to respond to the Claimants' Motion on Notice and Writ of Summons.
While responding to the Counsel of the Applicants,1st & 2nd defendants Counsel, Egbedinni urged the Court to caution Adesiyan on the usage of language, maintaining that his clients were not trying to cut corner as being claimed by the Counsel to the Claimants in the suit.
Also responding, the Counsel to 6th, 7th & 9th defendants and Assistant Director in charge of litigation in the State Ministry of Justice, Barrister Ambali Adisa told the Court that he was just being briefed on the matter because he was on medication for two weeks, adopting the position of the 1st and 2nd defendants' Counsel.
He promised the Court that their response to the Motion on Notice and Writ of Summons of the Claimants, would be ready by Monday and urged the Court not to grant the request of the Counsel to the Claimants, adding that the Claimants had filled similar case in the sister Court and the entire suit was struck out.
The Counsel to the 4th and 5th defendants, A.B. Moshood who told the Court that processes of the Court had earlier been served unto them through their clients, promised the Court to respond to the services of the Court processes on time, toeing the line of settling the issue raised in the Preliminary Objection on jurisdiction of the Court before moving further on any other matter relating to the case.
While adjourning the matter to 5th day of November 2020, the presiding Judge, Justice Ayoola drew attention of the Counsels on the reason for Thursday’s sitting, saying that the claimants want accelerated hearing for their motion and the Court acceded to their request.
The Court then cautioned the 1st and 2nd defendants’ Counsel (Egbedinni) to allow peace to reign because of the sensitivity of the issue at hand and no party in the suit should do anything pending the determination of the preliminary objection on jurisdiction before the court.
– Oct. 20 2020 @ 12:55 GMT |