Legal Nigeria

Legal battle begins to stop Olubada-designate

Justice Mukthar Abimbola of Oyo State High Court, sitting in Ibadan, the state capital, yesterday adjourned till February 16 the suit filed by Chief Adebayo Oyediji of the Seriki line of Olubadan against the Olubada-in-Council.
Oyediji is seeking to restrain the kingmakers from installing the Olubadan-designate, High Chief Saliu Adetunji, as the new Olubadan.
Following the transition on January 19, of Oba Samuel Odulana Odugade 1, the kingmakers have designated Adetunji as the next Olubadan.
But Oyediji, through his lawyer, Abideen  Adeniran, is claiming to be the next qualified candidate for the stool.
He is also seeking a restraining order against elevation of any of the high chiefs in the Olubadan  Council.
Oyediji is seeking an amendment to reflect the earlier order of the court, made by Justice M. O. Ishola in 2008, where he sought a declaration that “by the provision of the consent judgment delivered by the High Court, it is the turn of the claimants to produce the next Olubadan of Ibadan on both the Olubadan and Balogun lines”.
He also sought the order of the court “setting aside the purported appointments made by the first defendant (the late Oba Odulana) to fill vacancies in the chieftaincy titles of Ekerin Olubadan, Ashipa Olubadan, Osi Olubadan, Otun Olubadan and Balogun Olubadan of Ibadan since November 21, 2008 till the last appointment he made on January 1, 2016”.
Oyediji is also seeking an order “setting aside the purported approval granted by the Governor of Oyo State on January 5, 2016 or thereabout to the appointments made by the first defendant on January 1, 2016 to fill vacancies in the chieftaincy titles”.
A previous court, on November 21, 2008, granted the application of the Seriki line, saying: “The interlocutory injunction succeeds. The four interlocutory injunctions prayed for are hereby granted.”
Before Adeniran could move the motion before Justice Mukthar Abimbola yesterday, the defendants’ lawyer, Michael Lana, said he just took over the matter and need some time to study the application and respond to it.
He said the parties had died, adding that there was need for some regularisation and substitution of the parties before the substance of the matter could be heard.
Adeniran opposed Lana’s application for adjournment, saying he had served the defendants with his motion
Justice Abimbola urged the two lawyers to agree on a date. Lana suggested a date in March but Adeniran objected, saying the March date was too long.
Both later agreed on February 16 for the Olubadan-in-Council to respond to the application and regularise the issue of parties to the suit.
Also, the Senate yesterday urged the Federal Government to immortalise the late Olubadan of Ibadan, Oba Samuel Odulana by naming a national or state monument after him.
The Senate also resolved to send a delegation to condole with the family, the people and government of Oyo State over the death of the first-class monarch.
The resolutions followed the adoption of a motion on the “Demise of Olubadan of Ibadan, Oba Samuel Odulana Odugade 1 sponsored by Senator Rilwan Adesoji Akanbi and 16 others”.
Senator Akanbi, who represents Oyo South, in his lead debate, spoke on the death of Oba Odulana at 101 years.
The Nation