Thursday, 14 July 2016

Court sacks Ekiti Oba over improper selection process

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The High Court of Justice, Ikole Ekiti Division , has removed the Owa of Odo Ayedun Ekiti, Oba Ilesanmi Ajibade over gross abuse of tradition in his selection process.

The Court upheld the position canvassed by the Claimant, Prince Adekunle Adeniyi that he remains the most appropriate person for the coveted seat, having participated in the selection process conducted by six kingmakers in the town.

Adeniyi in the suit number HCL/12/09 filed at the Registry of the Court on July 10, 2013 , sought a declaration nullifying the selection of Oba Ajibade(15th respondent) and an order directing the Governor of the State (10th respondent ) to approve the nomination of the claimant.

The claimant called two witnesses during the trial and tendered three Exhibits, which include a programme of coronation and official presentation of staff of office ,a letter from Odo Ayedun kingmakers to the claimant for him to fill the vacant stool, a letter from the claimant to the office Director of Civil Litigation , Ministry of Justice and another letter from the claimant to the late Elekole of Ikole Ekiti, Oba Adeleye Adetunla, who is the supreme head in the
area.

The claimant also claimed that setting aside his nomination for the coveted seat by the kingmakers and set up another selection process where the 15th respondent was ‘wrongful nominated’ was illegal , null and void.

Delivering his judgement on June 28, 2016 , a copy of which was made available to newsmen in Ado Ekiti ,on Monday, Justice Abiodun Adesodun agreed with the position canvassed by the claimant that the selection of the 15th respondent was illegally done.

“It is my humble opinion that conducting the selection process on the 29/1/10 during the pendency of this case by the defendants was in contempt of this court. They cannot now approach the court for redress without purging themselves of the contempt.

“The whole exercise , that is the appointment of warrant chiefs , the second nomination exercise of 29th January , 2010 and the appointment of the15th defendant, from the circumstances of this case and the evidence on record is nothing short of an exercise in futility.

“Come to think of it, the 15th defendant was purportedly appointed or elected Owa elect on 29th January, 2010 and his appointment was approved 3rd February 2010 five days after the election contrary to section 13(2) of the Chief Law which stipulated mandatory 21 days, why the hurry in this case?”, the judge queried.

Justice Adesodun added that the claimant has been able to establish his case based on the pleadings and the totality of evidence before the court as to entitle to him reliefs sought.

“It is hereby declared that the selection of the claimant to fill the vacant stool of Owa of Odo Ayedun is valid and legal. It is equally declared that the notice of intention to set aside the nomination of the claimant to the vacant stool of Owa of Odo Ayedun is illegal, null and void.

“I also grant an order directing the 10th defendant to approve the nomination of the claimant as the Owa of Odo Ayedun, I also declared that the nomination of the 11th -14th defendants as warrant chiefs is null and void.

“I also grant a perpetual injunction restraining the defendants, their agents, servants, privies or any other person from appointing warrant chiefs or taking any further step to disturb the nomination of the Claimant as Owa of Odo Ayedun.

“On the whole, the claimant’s action succeeds,” Justice Adesodun declared.

The Judge told the parties to bear their own cost.

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