Justice Abubakar Ma’ud Talba of the Court of Appeal sitting in Ibadan, on Thursday turned down an application for out-of-court settlement of the Olubadan Chieftaincy issue brought by the Oyo State government.
The court also ordered that the case be returned to the lower court for trial before another judge of the state High Court.
The appeal was filed by the Oyo State government to discontinue a suit filed by the Osi Olubadan of Ibadan land, Senator Rasidi Adewolu Ladoja against the Oyo State givernment and the Chairman of the Olubadan Chieftaincy Review Panel, Hon.Justice Akintunde Boade(Rtd.)
The Attorney-General of the state, Prof. Oyelowo Oyewo had filed an application to settle the case out of court but Justice Talba held that the matter had been fixed for judgment in the lower court and the Appellate court would not allow the interlocutory appeal of the appellants.
Talba said the case of the first respondent ought to have been commenced by a way of Writ of Summons as opposed to an originating summon and consequently ordered that the case be returned to the lower court for trial before another judge of the state High Court.
It would be recalled that on January 19, 2018, an Ibadan High Court presided over by Justice O.I Aiki granted an order of perpetual injunction restraining the governor, his agent or servant from accepting, implementing or gazetting any recommendation made by the judicial commission of inquiry over the 1957 Chieftaincy Declaration of the Olubadan and other related matters.
