Oyo State Government has lodged an appeal at the Court of Appeal, Ibadan Judicial Division, to challenge the judgement of a High Court in Ogbomoso that overturned the selection and installation of the new Soun of Ogbomosoland, Oba Ghandi Olaoye.
Olaoye was appointed as the new Soun and officially crowned as King on Friday, September 8, 2023.
But Justice Kareem Adedokun, in his judgment on suit no. HOG/27/2023 between Prince Kabir Olaoye and the Governor of Oyo State and 11 others, declared on Wednesday, October 25, that the procedure for nominating the Soun of Ogbomoso (the 12th Defendant) was “irregular, null, and void” due to non-compliance with the provisions of the Soun Chieftaincy declaration of 1958.
The same judge had previously ruled in suit no. HOG/20/2023, filed by Prince Taofeeq Olaoye to dispute Oba Olaoye’s installation. In this earlier judgment delivered on October 3, Adedokun determined that the procedure was “right, valid, and proper.”
The government has also applied for a stay of execution until the appeal is heard and decided upon.
The application also seeks an order from the court to prevent the claimant/respondent, either directly or through his representatives, agents, or otherwise, from taking any action or further action in recognition or in pursuance of the High Court’s judgment delivered by Adedokun.
In dissatisfaction with the judgment, the appeal was filed by Akin Onigbinde (SAN) and Co in Ibadan, on behalf of the state governor, Seyi Makinde, the state Attorney-General and Commissioner for Justice, and the state Commissioner for Local Governments and Chieftaincy Matters.
The notice of appeal, dated October 27, seeks an order to set aside the judgment of the trial court on October 25, or alternatively, an order for retrial before another judge of the state High Court.
The six grounds of appeal highlight the errors made by the trial judge in his ruling and argue that the October 25, 2023 judgment goes against the weight of evidence presented before the court.
The respondents named in the appeal include Dapo Atanda, Esq of Dapo Atanda’s Chambers; Ogbomoso North Local Government, Kinnira, Ogbomoso; the Traditional Council of Ogbomoso North Kinnira, Ogbomoso; S. A. Mohammed Esq., Mohammed & Mohammed & Co; Mobolaji Chambers, Kola Fatoye Esq, Chief Samuel Otolorin, Chief Salawu Ajadi, Chief Tijani Abioye, Chief David Adeniran Ojo, Pastor Afolabi Ghandi Oladunni Olaoye, and others.
