JUST IN: Soun: Oyo govt files appeal, seeks stay of execution of High Court judgement
Khalid ABRAHAM
Oyo state government has filed an appeal challenging a court ruling which invalidated the selection and installation of Oba Ghandi Afolabi Olaoye as the Soun of Ogbomosoland.
Also an application for stay of execution pending the hearing and determination of the appeal of the defendants/applicants against the judgment at the Court of Appeal, Ibadan Judicial Division has been filed 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 prevent him from taking any step or further step in recognition or in pursuance of the judgment of this Honourable Court.
Honourable Justice K. A. Adedokun delivered judgment on the matter in suit No: HOG/27/2022 on the 25th day of October, 2023.
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Justice Adedokun had in his judgment on the case, between Prince Muhammed Kabir Olaoye Vs The Governor of Oyo State and 11 others, asserted 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.
Meanwhile, the same judge, Adedokun, had in suit no HOG/20/2023 instituted by Prince Taofeeq Akorede Olaoye also challenging Oba Olaoye’s nomination in which judgment was delivered on October 3, ruled that the procedure was “right, valid and proper.”
Dissatisfied with the latest judgment therefore, the appeal, filed October 27, by Akin Onigbinde SAN and Co in Ibadan on behalf of the Executive Governor of Oyo state, Engineer Oluseyi Makinde, Attorney General and Hon Commissioner of Justice, Oyo state and Hon. Commissioner Ministry of Local Government and Chieftaincy Matter, 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.
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The six grounds 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, Oladapo 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.
