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Alawo stool: Stay off all actions, High Court tells Oyetola, others

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Osun State

Alawo stool: Stay of all actions, High Court tells Oyetola, others.


Crown Prince urges parties to respect the Court decision.

An Osun State High Court sitting in Osogbo on Thursday, has warned the parties involving in the selection process of the next monarch in the ancient town of Awo, the headquarters of Egbedore Local Government area of the State.

The Presiding Judge categorically told the Counsel to 6th, 7th, and 9th defendants respectively and guardian authority of the process not to do anything pending the determination of the Preliminary Objection
(PO) on the jurisdiction of the Court brought by the Counsel to the 1st and 2nd defendants, Mr. Olamiposi Egbedinni against the claimants Motion on Notice in a suit no: HOS/84/2020, between Prince Lawal
Oloyede Oyekunle and 3ors and Alhaji Abdulkareem Adegboye and 8ors.

Speaking on the Court warning, a Crown Prince of Abioye ruling house, Prince Abubakar Adeniyi, stated that without prejudice to the Court on the matter, appealed to the parties to respect the rule of law by abiding with the position of the Court on the matter, identifying that the 8th defendant which is Egbedore Local Government area of the State under the leadership of Mr. Olayiwola Abiola Lamby had earlier disrespected the decision of the Court in a suit number: HED/26/2020, between Prince (Mogaji) A. Adediji Vs.Prince I. Adebayo and 6 ors, on September 2nd, 2020, when  the vacation Judge; Justice Mathias Agboola during the trial pronounce all the parties to maintain status quo.

Prince Abubakar who is of Akanfe Adeniyi’s extraction of Abioye Ruling House, added that after the Court pronouncement during the trial, the 8th defendant claimed of selecting a new monarch in defiance to
Justice Agboola’s Court order which was tantamount to contempt of the Court and Mr. Abiola Lamby should be charged for contempt.

The Counsel of the Applicants/ Plaintiffs, Mr. Kehinde Adesiyan who told the Court that the Counsel to the 1st and 2nd defendants brought Preliminary Objection on jurisdiction before the Court as a way to cut
corner to enthrone the 2nd defendant (Taiwo Adegboye) unjustly.

Adesiyan who requested from the Court to grant his oral application of preservative order that all the parties should maintain status quo in the interest of justice, declaring that once the Court jurisdiction is
being challenged, the best thing for the Court was to settle the issue before proceeding further on the matter.

Reporting the defendants to the Court, particularly, the 1st and 2nd defendants Counsel, Adesiyan disclosed that non of the defendants deem it fit to respond to the Claimants’ Motion on Notice and Writ of
Summons.

While responding to the Counsel of the Applicants, 1st and 2nd defendants Counsel, Mr. Egbedinni urged the Court to caution Adesiyan on the usage of language, maintaining that his clients were not trying to cut corner as being claimed by the Counsel to the Claimants in the suit.

Also responding, the Counsel to 6th, 7th and 9th defendants and Assistant Director in charge of litigation in the State Ministry of Justice, Barrister Ambali Adisa told the Court that he was just being briefed on the matter because he was on medication for two weeks, adopting the position of the 1st and 2nd defendants’ Counsel.

He promised the Court that their response to the Motion on Notice and Writ of Summons of the Claimants, would be ready by Monday and urged the Court not to grant the request of the Counsel to the Claimants, adding that the Claimants had filled similar case in the sister Court which entire suit was struck out.

The Counsel to the 4th and 5th defendants, A.B. Moshood who told the Court that processes of the Court had earlier being served unto them through their clients, promised the Court to respond to the services of the Court processes  on time, toeing the line of settling the issued raised in the Preliminary Objection on jurisdiction of the Court before moving further on any other matter relating to the case.

But also responded to the claims of the State Counsel, Adesiyan stated that the State Counsel should not  use the case in the sister Court to determine  the current suit because his clients were beneficiary of the judgement as defendants/respondents.

While adjourning the matter to 5th day of November, 2020, the Presiding Judge, Justice Ayoola drawn attention of the Counsels to the reason on Thursday sitting, said the claimants want accelerated hearing for their
motion and the Court acceded to their request.

The Court then cautioned the 1st and 2nd defendants Counsel (Egbedinni) to allow peace to reign because of the sensitivity of the issue at hand and no party in the suit should do anything pending the determination of the Preliminary Objection on jurisdiction before the Court.

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