Eight years after the case was instituted, an Oyo State High Court sitting in Ibadan, on Monday, struck out a suit seeking the removal of the Olugbon of Orile Igbon, Oyo State, Oba Francis Alao.
Justice K.A. Adedokun struck out the suit for lack of jurisdiction and locus standi by the claimants.
OYOINSIGHT.COM recalls that in 2017, members of the Akingbola family had approached the court to contest the selection process that led to the appointment of Oba Alao as the Olugbon of Orile Igbon.
In his ruling, Justice Adedokun held that the court lacked the jurisdiction to entertain the suit because the claimants lacked the locus standi to institute the case and for not suing Surulere Local Government, which is empowered with the authority to commence the selection process and approve Olugbon’s appointment.
The claimants in the suit, marked HOI/22/17, are Engineer Akintayo Akintola, Mrs Olu Oyelade, Mr Ladiran Olaniyi, Mrs Olajoke Bolade and Akinwale Akintola.
Joined as respondents in the suit are the Oyo State Governor, the Attorney-General of Oyo State, the Oyo State Commissioner for Local Governments and Chieftaincy Matters, and the Secretary, Surulere Local Government of Oyo State, Chief Ajani Awotoro, the Olugbon of Orile Igbon, Alao; and Prince John Oyewo Oyelade.
While striking out the suit, the judge said the issue of jurisdiction would be considered before going into its merits.
He stated that Surulere local government is the Council that sets in motion chieftaincy matters, not the Council Secretary.
He added that not joining the Council has robbed the court of jurisdiction.
According to him, the Surulere local government plays a statutory role in the whole process.
“It is impossible to adjudicate on the matter. It is a desired party, not a necessary party. This court lacks jurisdiction to entertain this suit, and the case is hereby struck out,” the judge said.
Reacting to the ruling, Tomiwa Fadeyi, the counsel who represented the sixth and seventh defendants, Oba Alao and the Magaji of the Akingbola family, Mogaji George Olayinka, described the development as a positive one
“The court has struck out the suit of the claimants. We are very happy about that. It was struck out on jurisdictional issues. The court said the Secretary of the Council, added to the suit as a defendant, is not a jurisdictional party.
“It was struck out because of the failure to sue the Council itself as well as the lack of locus standi to file the action,” he said.
