July 17, 2017

A’Court puts to rest lkare Obaship tussle

A’Court puts to rest lkare Obaship tussle

Judicial symbol for justice

By Dayo Johnson

Akure—THE Court of Appeal sitting in Akure, Ondo State weekend in a landmark verdict finally put to rest an age long obaship tussle between the Owa-Ale of Ikare and Olukare of Ikare in Akoko North East local government area of Ondo State.

ln a unanimous court’s judgement read by Justice Danjuma, the court struck out a suit filed against the recognition of Owa-Ale, Oba Kolapo Adegbite-Adedoyin as a traditional ruler in the ancient town.

The Appellate court panel led by Justice Obande Ogbuinya ruled that the appeal CA/AK/103/2011 instituted by the Olukare, Oba Akadiri Saliu-Momoh and five members of his family against Owa-Ale and the Ondo state government lacked merit, an abuse of judicial process and the case was status barred.

The court held that Olukare lacked legal ground to challenge the chieftaincy status of Owa-Ale as a monarch in Ikare, considering various laws such as the Public Officers Protection Law, Cap 103, Volume 5, Law of Ondo State 1978 and Section 4(1a) of the Limitation Laws Cap 61, Laws of Ondo State 1978.

lt subsequently resolved three issues raised by the appellants for determination in favour of the three respondents- Owa-Ale, State Attorney General and Commissioner for Justice as well as the State Commissioner for Local government and Chieftaincy Affairs.

The trial judge, Justice D.I. Kolawole of the Ondo state High Court in Akure had on 26th July, 2011 held in a Suit No: Ak/260/2010, that the case was an abuse of court process, status barred and that the court lacked the jurisdiction to entertain the suit.