By Evelyn Usman

LAGOS—The Court of Appeal, sitting in Lagos, has affirmed the Mabudeje Royal Family’s right to produce the next Abowa of Agbowa-Ikosi, overturning an earlier decision by a Lagos High Court.

In a unanimous judgment in Appeal No: CA/LAG/CV/1104/2023, the appellate court held that the trial court erred in its evaluation of evidence, setting aside the nomination of Prince Owolabi Saheed Momson, the 8th defendant, as the traditional ruler.

Justice Ngozika Okaisabor, who read the lead judgment, ruled that the claimants—led by Prince Babatunde Adenusi—were genuine members of the ruling Mabudeje family and entitled to nominate a candidate for the vacant stool, contrary to the High Court’s decision of March 23, 2023.

The lower court had previously dismissed the claimants’ suit, validating the nomination of Prince Momson under the 1957 Chieftaincy Declaration and Lagos State’s Obas and Chiefs Law of 2015. But the Court of Appeal disagreed, citing inconsistencies in the evidence presented by the respondents.

A key piece of evidence—Exhibit P9—revealed that at a 2007 meeting of the Oba-in-Council, the Aduloju family, represented by Alhaji Bariyu Adeleye (6th respondent), denied any connection with the Mabudeje lineage.

Justice Okaisabor quoted directly from the minutes: “The 6th respondent in the said Exhibit P9 denied being members of Mabudeje family and further stated that there is no one in their families that bear such a name.”

The appellate court faulted the High Court for relying on a nomination process initiated by the Aduloju family, which had explicitly disclaimed any affiliation with the Mabudejes.

It also found that the appropriate authorities had failed to properly invite the rightful family—the Mabudejes—to participate in the nomination process.

“The said evidence of Appellants’ PW1 is that the 4th respondent did not write to them but wrote to the Adulojus as Mabudeje family, whereas Adulojus is not Mabudeje family,” the judgment noted.

Granting the reliefs sought by the appellants, the Court of Appeal issued the following orders: A declaration that the claimants are entitled to immediately fill the vacant stool of the Abowa of Agbowa-Ikosi; An order directing the 1st to 5th defendants to invite the claimants to nominate and install a candidate for the throne.