Alawo stool: Your applications contain flaws, Counsel tells Osun State Government
…..As Court turned down requests for structural adjustment of
applications by Taiwo Adegboye’s Lawyer
Penultimate Tuesday, at the resumed hearing of a suit HED/48/2021
before the Osun State High Court sitting in Ede over contentious Alawo
stool, a young private Legal practitioner, Barrister Oluwatobi Adeyeri
has told the Court that all the contents contained in the Notice of
Preliminary Objection of the Counsel representing the State Government
which are 4th to 6th Defendants in the Suit were flaws, describing the
contents in their process filled before the Court as tissue of
confusion and embodiment of errors.
However, the Counsel to Prince Taiwo Abdulrasasaq Adegboye, Chief
Dauda Babalola, the Balogun of Awoland and Chief Saka Adesola, the
Jagun of Awoland as 1st, 2nd and 3rd Defendants respectively, appealed
to the Court for structural adjustment of their applications because
of identified errors of claiming to be representing the 7th
Defendant(Egbedore Local Government area, Awo) without filing
Conditional Memorandum of Appearance to the effect in Court, in the
Affidavit and Presumed Further Affidavit in Support and claiming in
his written address that Plaintiff Counsel cited Order 17 rule 7 of
Osun State High Court amended (Civil Procedures) Rules 2008 for not
filling Statement of Defence and issue of Demurrer, which the Court
turned down.
Until when the Presiding Judge, Hon. Justice Kudirat Akano, confronted
him if he filled the Conditional Memorandum of Appearance to represent
the 7th Defendant before the Court, which he declined vehemently.
But the Plaintiff Counsel in his written address only cited Order 15
Rule 7 of the amended High Court of Osun State Civil Procedure Rules
2008 on a matter that has to do with fraudulent act and abolition of
Demurrer, supporting his position with the case of Achineku Vs.
Ishagba (1988)NWLR (Part89)page 411 of 420, Ojukwu Vs.
Oneador(1991)7NLWR(part203) page 286 and Chuks Vs.
Ezutihe(1986)5NWLR(part43 at 1).
On jurisdiction of the Court to entertain the Suit, the Plaintiff
Counsel submitted that in the instant case(HED/48/2021),the objectors
(1st-3rd Defendants) have not filled their statement of Defence in
this Suit and therefore, cannot raise the issues in the Preliminary
Objection, submitting that “the Court has the jurisdictional
competence to determine this Suit, in that, in determining whether or
not a Court has jurisdiction to entertain a Suit, the Court is
enjoined to look at the Writ of Summons and Statement of claim of the
Plaintiff. In this regard, the defence of the Defendant or what he
perceived to be the weakness of the case of the Plaintiff is not
material. See Abu Vs.Odugbo(2001)7SCNJ 262 at 299″.
Adeyeri, who is from Yinka Muyiwa Chambers, Lagos, insisted before the
Honourable Court of Justice that the contents in the Notice of
Preliminary Objection which contains the fundamental errors made the
application to be dead on arrival.
Barrister Adeyeri, representing the Plaintiff/Claimant in the Suit,
Prince Adeniyi Alimi Sulaiman, while Mr. Anbali Adisa representing the
State Governor, Commissioner for Local Government and Chieftaincy
Affairs and Attorney General Commissioner for Justice as 4th, 5th and
6th Defendants in the Suit respectively.
The Plaintiff Counsel told the Court that the 4th to 6th Defendants
claimed in their Affidavit of representing 1st to 3rd Defendants and
as well working for the 1st to 3rd Defendants and also signed to claim
further of being the Counsel to 9th to 12th Defendants, which made
Plaintiff Counsel to be wondering if ghosts have joined the Suit
because Suit HED/48/2021- Between Prince Adeniyi Alimi Sulaiman Vs.
Prince Taiwo Abdulrasasaq Adegboye &6 Ors.
But Mr. Anbali argued by adopting all the contents in their Affidavit
in Support of Preliminary Objection dated 16th day of March, 2022 and
deposed to by the Chief State Counsel, Mr. Nureni Okunola, that there
were many Suits in respect of Alawo stool by urging the Court to grant
their applications of dismissing the Suit because the
Plaintiff/Claimant Suit HED/48/2021, was brought before the Honourable
Court of Justice to harras, irritate and annoy Prince Taiwo Abdulrasaq
Adegboye, Chief Dauda Babalola, the Balogun of Awoland and Chief Saka
Adesola, the Jagun of Awoland, the 1st, 2nd and 3rd Defendants
respectively which they claimed in the Affidavit to be working for
them.
Arguing further, Mr. Anbali, the Director in Osun State Ministry of
Justice, through a 25 paragraphs written state(statement) on Oath
dated 16th day of March, 2022 and deposed to by one Mr. Alliyu Olawale
Muse, a Principal Administrative Officer(PAO) in the Osun State
Ministry of Local Government and Chieftaincy Affairs, claimed that the
Plaintiff( Prince Adeniyi Alimi Sulaiman) participated in the
screening and selection process which led to the emergency of 1st
Defendant as new Alawo through the Abioye Royal Family minutes of the
meeting held on Wednesday 2nd day of September, 2020 and 1999 Alawo
Chieftaincy Declaration was the subsisting Declaration to select the
1st Defendant because it was the turn of Abioye Ruling House to
produce Alawo of Awo in accordance with order of rotation of Alawo
Chieftaincy Declaration of 1978.
Anbali then submitted that the 1st Defendant was duly appointed as new
Alawo by relying on the attached 7th Defendant(Egbedore Local
Government area, Awo) letter with Reference N0: ELG.396/T/24, dated
12th August,2020 and signed for one Mrs. Olabimtan F. Abiola on behalf
of Chairman, Egbedore Local Government, Awo to Pa(Alhaji) Abdulkareem
Adegboye, the Head of Abioye Ruling House, Awo, where it was
stipulated the commencement of the process of filling the vacant stool
of Alawo of Awo in line with 1957 Registered Chieftaincy Declaration.
Responding, the Plaintiff Counsel who adopted all the contents filled
in Statement of Claims on Oath, Affidavits in Support of Motion on
Notice for Interlocutory Injunction, Counter-Affidavit to Notice of
Preliminary Objection of the 1st to 3rd Defendants and
Further-Affidavit of the Claimant/Applicant in Support of Motion on
Notice for Interlocutory Injunction dated 18th February, 2022 and
Affidavit in Support of the Motion on Notice for Extension of Time and
Further Statement of Oath of the Claimant Reply to the 4th -6th
Defendants’ Statement of Defence and dated 31st Day of
December,2021,18th Day of February, 2022,16th Day of March, 2022 and
25th Day of April, 2022 respectively.
He argued that the 1st Defendant is an imposture who emerged vide
fraudulent means of forgery of selection documents, flagrant
disobedience to Court Orders in HED/26/2020 and HOS/84/2020 and use of
a wrong law of 1957 Registered Alawo Chieftaincy Declaration
puportedly in appointing the 1st Defendant by 2nd – 7th Defendants,
instead of subsisting 1979 Registered Alawo Chieftaincy Declaration
and the particulars of the forgery and other evidences had been
supplied in this Suit.
On the subsisting Suit HOS/63/2021 on the Alawo stool which is not a
class action and not a representative Suit and the present Suit
HED/48/2021 was different and distinct from all others Suits in
respect of Alawo stool as this Suit HED/48/2021 deals with forgery of
selection documents, flagrant disobedience to Court Orders and use of
illegal,outdated, repealed, obsolete and unlawful law in appointing
the first (1st) Defendant purportedly.
Adding that “contrary to the disgraceful, deposition of the objectors
in paragraph 14 of the Affidavit in Support of the Preliminary
Objection that the first (1st) Defendant was subsequently appointed as
the incumbent Alawo of Awo, after the ruling in Exhibit” POS2″,
“It is our submission and in line with the case of Ezeugbu Vs. FATB
Limited (1992) 1NWLR(part 220)699 at 735 paragraphs A-F,Tobi JCA(as he
then was of blessed memory), Supreme Court decision in Governor of
Lagos State Vs. Chief Ojukwu (1986)1NWLR(Part 18)621, and the essence
of the application of Chief Williams in the case of Chief Okoya and
others Vs. Santilli and others (1991)7NWLR(Part206)753/766, that
decision of the Defendants in appointing the first (1st) Defendant as
the incumbent Alawo of Awo when Suit HOS/63/2021 has not been
concluded amounted to embarking on self-help when a matter is before a
Court.
“It should be noted that when the first (1st) Defendant was appointed
on 13th Day of September, 2021, there is subsistence a pending appeal
with Appeal N0: CA/AK/58/2021, arising from Suit N0:HOS/84/2020 at the
Court of Appeal filed by the First(1st) Defendant/objector”.
He further argued that once parties have submitted themselves before a
Court for adjudication, the parties are not expected to do anything to
overreach/outsmart the other parties and decision of the Court.
The Plaintiff Counsel then adopted all the written arguments contained
therein in the applications, urged the court to grant the Plaintiff
applications by refusing the objection of the objectors with
substantial cost in favour of the Claimant/Respondent.
Hon. Justice Akano, therefore, adjourned the case till 26th day of
May, 2022, for ruling on the motions.
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