The Oyo State Government has filed an appeal challenging the court ruling that invalidated the selection and installation of Oba Ghandi Afolabi Olaoye as the Soun of Ogbomosoland.
It also filed an application for stay of execution pending the hearing and determination of the Appeal Defendants/Applicants against the judgment at the Court of Appeal, Ibadan Judicial Division at the High court.
The application is also seeking for an order from the Court restraining the Claimant/Respondent by himself or through his servants, agents, privies or otherwise howsoever from taking any step or further step in recognition or in pursuance of the Judgment of this Honourable Court, Coram: Honourable Justice K. A. Adedokun delivered on the 25th day of October, 2023 in Suit No: HOG/27/2022 BETWEEN: PRINCE MUHAMMED KABIR OLAOYE V. EXECUTIVE GOVERNOR OF OYO STATE & 11 ORS. in executing the ruling.
Justice K.A Adedokun on October 25 in his judgment on suit no HOG/27/2023 between Prince Muhammed Kabir Olaoye Vs The Governor of Oyo State and 11 others said that the procedure for the nomination of the Soun of Ogbomoso the 12th Defendant was “irregular, null and void.’’ for not strictly complying with the provisions of the Soun Chieftaincy declaration of 1958.
The same judge in a suit no HOG/20/2023 instituted by Prince Taofeeq Akorede Olaoye also challenging Oba Olaoye in which judgment was delivered on October 3, Justice Kareem Adeyimika Adedokun ruled that the procedure was “right, valid and proper.”
Dissatisfied with the judgment, the appeal filed by Akin Onigbinde SAN and Co in Ibadan on behalf of Oyo Governor Seyi Makinde, Attorney General and Commissioner of Justice, Oyo State and Hon. Commissioner Ministry of Local Government and Chieftaincy matter.
The notice of appeal dated October 27 is seeking for an order setting aside the Judgment of the Trial Court of 25th October or an order of re-trial before another judge of the Oyo State High Court.
The six ground of appeal pointed out how the Trial Judge erred in his submission and how the judgment of 25th October, 2023 is against the weight of evidence before the Honourable Court
The respondents include Dapo Atanda, Esq of Dapo Atanda’s Chambers, Ogbomoso North Local Government Kinnira, Ogbomoso, the Traditional Council of Ogbomoso North Kinnira, Ogbomoso, S. A. Mohammed, Esq. Mohammed & Mohammed & Co. Mobolaji Chambers , Kola Fatoye, Esq,
Chief Samuel Otolorin JP, Chief Salawu Ajadi, Chief Tijani Abioye Chief David Adeniran Ojo, Pastor Afolabi Ghandi Oladunni Olaoye and others.
