Soun vs Chief Imam: Court grants injunction against removal
Yinka ADETUNJI
The lingering crisis tearing the Muslim community apart in Ogbomoso Oyo state has entered a new stage with the dragging to court of the Soun of Ogbomosoland Oba Ghandi Afolabi Olaoye by the Chief Imam Alhaji Teliat Yunus Oluwasina Ayilara.
The Chief Imam is challenging the alleged plan to remove him from the exalted post by the Soun and his chiefs.
Recall crisis erupted over his continued occupation of the post when some members of the Ayilara family whose turn it’s to produce the new Chief Imam made a claim that he is not a true born of the family and as such is an impostor.
The crisis degenerated and several efforts to resolve it have been abortive. Before Oba Ghandi’s installation, the Soun-in-Council held that he should “step aside” pending the resolution of the matter, but he rebuffed them, he also went to court to challenge their directive. Efforts of some Muslim leaders including the Aare and Balogun Musulumi of Ogbomoso to find amicable solution also failed to yield the desired result.
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Oba Ghandi’s interventions also have been to no avail as the two sides stuck to their guns. The monarch after meeting with the chiefs and Muslim leaders at a time also suggested he be suspended for the matter to be properly looked into, this was also stiffly resisted.
The Oyo state Commissioner of Police in an effort to settle the right similarly invited the feuding parties to his office in Ibadan about two weeks ago, following which the embattled Chief Imam obtained an injunction restraining his removal, arrest or suspension by the police.
Meanwhile, he was back in an High Court in Ogbomoso on Monday, February 12 to further challenge the matter of his “planned removal” in court and to seek injunction against the Soun and his chiefs from removing or suspending him, which was granted.
In the suit marked HOG/7/2024, filed by Alhaji Teliat Ayilara, 12 reliefs are claimed against the defendants – Oba Olaoye and the Soun-in-Council.
The reliefs include “i. A Declaration that the appointment and removal of Grand Chief Imam of Ogbomoso land is within the exclusive prerogative of Muslims in Ogbomoso land.
(ii) A Declaration that the office of Grand Chief Imam of Ogbomoso land is not traditional chieftaincy office and as such is not subject to control or supervision of any traditional chief or traditional king or subject to traditional customary law but rather it is subject of Islamic law also known as Sharia.
(iii) A Declaration that the Defendants lack constitutional/statutory power to adjudicate on any dispute relating to the position of Grand Chief Imam of Ogbomoso land and give judgment orders or directive thereto.
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(iv) A Declaration that the Defendants lacks power to suspend, remove or in anyway whatsoever tamper with the appointment of the Claimant as Grand Chief Imam of Ogbomoso land.
(v) A declaration that any person holding the title and office of Soun of Ogbomoso land is not empowered in any form whatsoever to in his capacity as Soun of Ogbomoso land play any role in the appointment or removal of Grand Chief Imam of Ogbomoso Land as such an act is the exclusive right of the Muslim community of Ogbomoso Land
(vi) Perpetual injunction restraining the Defendants, their privies, agent or any person or group of persons acting on the instruction of the Defendants from suspending, removing or in any manner whatsoever tempering with the office grand chief imam of Ogbomoso land occupied by the Claimant.
(vii) A Declaration that any person who is appointed as the Soun of Ogbomoso land and who is a Muslim can only participate in the appointment and/or the removal of Grand Chief Imam of Ogbomoso land in his capacity as a Muslim and not in his Capacity as the Soun of Ogbomoso Land and his participation is just like any other Muslim which is subject to the control and directive of Shura committee as regulated by Islamic law within the ambit of the 1999 Constitution of Federal Republic of Nigeria and at liberty to practice their faith as permitted by the Constitution.
(viii) A Declaration that the any person who is appointed as Soun of Ogbomoso land and who is a Christian like the 1st Defendant and/or who is member of any other faith other than Islam cannot in any form whatsoever participate in the appointment and/or removal of Grand Chief Imam of Ogbomoso land which pursuant to 1999 Constitution of Federal Republic of Nigeria as amended is the prerogative of Muslim Community of Ogbomoso land to appoint and remove their grand chief Imam in line with Islamic law which consist of the Quran and Tradition of the Holy Prophet (SAW).
(ix) A Declaration that the appointment and removal of Grand Chief Imam of Ogbomoso land is constitutional right of Muslims who are under the Constitution of Federal Republic of Nigeria and at liberty to practice their faith as permitted by the Constitution.
(x) A Declaration that anything purportedly done in form of any investigation and/or inquiry into the right of the Claimant to continue to be the Grand Chief Imam of Ogbomoso Land by the Defendants is null and void.
(xi) An Order of this Honourable Court setting aside any thing done or purportedly done towards the determination of whether or not the claimant is the rightful person to continue to hold the position of grand chief Imam of Ogbomoso land.
(xii) A Perpetual injunction restraining the Defendants, their privies, agent or any person or group of persons acting on the instruction of the Defendants from taking any step in any form what so ever for the purpose of determining whether the claimant is the appropriate person to continue to hold the office of grand chief imam of Ogbomoso land or not.”
The presiding judge after hearing the motion on notive granted the injunction, “An order of Interim Injunction is hereby made rest- raining the Defendants/Respondents whether by themselves, privies, agents, servants or any person or persons acting on the instructions/directives of the Defendants/Respondents from suspending, rem- oving the Claimant/Applicant as the Grand Chief Imam of Ogbomosoland or, in any manner whatso- ever, tampering with the office of Grand Chief Imam of Ogbomosoland being occupied by the Claimant/ Applicant pending the hearing and determination of the Motion on Notice.
“As a consequence of the Order made in 1 above, the Defendants/Respondents and their servants, agents/ privies and or any person or persons howsoever or whatsoever acting on the instructions/directives of the Defendants/Respondents and/or at their behest are hereby restrained from taking any steps or doing any acts whatsoever to interfere with the Claimant in the performance of his duties and functions as the Grand Chief Imam of Ogbomosoland or impeding or obstructing the Claimant from the performance of such duties and functions in any manner whatsoever pending the hearing and determination of the Motion n Notice filed by the Claimant/Applicant dated and filed 12/2/2024.”
While the hearing of the Motion on Notice is fixed for February 26, the substantive case is fixed for mention on March 18.
