By Radio Nigeria.
An Ekiti State High Court Sitting in Ado Ekiti has nullified the declaration used in the selection and Appointment of the new Oore of Otun in Moba Local Government Area of Ekiti State, Oba Adekunle Adeagbo.
The Court also dismissed the preliminary objection filed by the Defendant challenging the jurisdiction of the court to entertain the suit.
Counsel to the claimant, Olakanmi Falade in an interview with newsmen explained that there was never been an occupant to the stool of Oore of Otun-Ekiti in the eyes of the law.
He added that the 1961 declaration the defendants based their arguments upon was of no effect, and had been dismissed by the High Court since 1995 and the judgment was affirmed by the court of appeal and the supreme court of Nigeria.
“What the court did was to dismiss the preliminary objection filed by the first to sixth applicants and what they asked the court to do was to dismiss our case before the court that it was of no merit, but the Court says our case has merit, and that the 1961 declaration they are basing their case upon is of no effect and has been dismissed by the supreme Court, and that our case is not statue barred”.
“Whatever in 1961 declaration is of no sense, of no moment, it does not exist, so our case is coming before the Court, and as today, they have filed no defence, there’s has never been an Oore of Otun, there’s never been a person occupying that seat, the court has said it until on 27th of May 2020 that nobody should be placed on that seat, and since then they have the law that there hasn’t been Oore of Otun, anybody on that seat is there on his own folic, there’s nobody on that seat, that was what the law says, that’s what Court judgement says, it says stop any action of installing anybody and the court has said it again that the law used to put him on that throne is of no effect. So, that’s it”.
The Presiding Judge, Justice Abiodun Adesodun ruled that the court has jurisdiction to resolve the two issues formulated for determination in favour of the Ile-Obajeu ruling house.
Adesodun affirmed that the written addresses and reply on point of law filed by counsel have formed part of the record of the court and would be referred to where necessary in the course of the ruling.
“I’m of the view that the following issues call for determination in the circumstances of this case. They are: whether or not this Court is vested with the necessary jurisdiction to entertain this suit as constituted. Whether or not the claimant/respondent exhausted local remedies before instituting this suit”.
The trial judge further stated that the first to fourth Claimant misrepresented the factual situation relating to the claim of the claimant/respondent by importing the idea of 1961 Chieftaincy declaration of Oore of Otun and going full throttle on same as being the foundation or basis of the claimant/Respondent’s case which he said was not.
He pointed out that the 1961 Chieftaincy declaration that was ruled upon by the Ondo State High Court in 1995 in Kolawole vs Military Governor of Ondo State thereby nailing the coffin of both 1961 and 1984 declaration as the decision of the said Ondo state High court was affirmed by both the court of Appeal and the Supreme Court.
According to him, Section 6(2) of the Chiefs Law Cap C5, Laws of Ekiti State, 2012 Provides in part: No registered declaration amended or new declaration made under section 5 shall come into effect until it has been re-registered or registered as the case may be in accordance with subsection (1) of this section.
Justice Adesodun noted that first to fourth defendants failed to state that the 1961 declaration on Oore of Otun was re-registered following the registration of the 1984 declaration to replace same.
He said the first to fourth defendants have laboured in vain in placing heavy reliance on the 1961 declaration which has been dead and buried in December, 1984.
The court subsequently dismissed the preliminary objection filed by the state government and other parties involved in the matter for lacking in merit.
When Contacted, the State Attorney General and Commissioner for justice, Mr Olawale Fapohunda said the court had not nullified the selection process but only dismissed the preliminary objection filed by the Defendants in the suit.
Mr. Fapohunda noted that the Court will soon begin to hearing the substantive suit in the case.
The two ruling houses have been embroiled in legal tussle over the right person to wear the crown and be on the royal seat of their ancestors since April 2020.
