The Oyo State High Court of Justice, sitting in Ibadan on Thursday adjourned the case brought before it by Chief Adebayo Oyediji and other Seriki chiefs in Ibadan against the late Olubadan of Ibadan land, Oba Samuel Odulana, and the Olubadan-in-Council till February 16, 2015.
The Oyo State High Court of Justice, sitting in Ibadan on Thursday adjourned the case brought before it by Chief Adebayo Oyediji and other Seriki chiefs in Ibadan against the late Olubadan of Ibadan land, Oba Samuel Odulana, and the Olubadan-in-Council till February 16, 2015.
Oyediji, from the Seriki line, is laying claim to the Olubadan throne after the death of Oba Odulana, ahead of High Chief Saliu Adetunji, who is the current Balogun Olubadan of Ibadan land and favoured by the Olubadan-in-Council to succeed Oba Odulana.
The plaintiffs are praying for an order restraining the defendants from selecting, appointing or promoting any person to fill the positions of Ekerin Olubadan, Ashipa Olubadan, Osi Olubadan, Otun Olubadan or the Olubadan stool itself existing or that may later exist. They are also praying the court to grant a restraining order from filling any vacancy in the Ashipa Balogun, Osi Balogun, Otun Balogun and Balogun existing or that may later exist.
Counsel for Oyediji and other Seriki chiefs, Abideen Adeniran, was preparing to move application for the court to set aside the appointments that have been made by the late Olubadan since 2008, when counsel for the Olubadan-in-Council, Michael Lana, informed the court that he was just being involved in the case and that he would need time to study an earlier application before replying it.
His prayer was granted by Justice Muktar Abimbola, even though Adeniran protested against what he described as delay tactic employed by the defence counsel. Adeniran said the application was served eight days before yesterday sitting.
Adeniran, who was unhappy with the adjournment, said, “We were supposed to move our application which inter alia was to set aside the appointment that have been made by the late Olubadan because since 2008, there has been an injunction granted by this court restraining the Olubadan and all the other chiefs from filling any vacancy then existing or that may later exist from the Ekerin Olubadan and Ashipa Balogun. The order was granted on November 21, 2008.
“They have been disobeying the order by filling those vacancies as if the court has no power over them. We brought an application this morning before the court for them to set aside all the alleged appointment. But again, the defendants employed delay method as they always do.
“Their counsel was served the application eight days ago but today, a new counsel appeared and he said he had to study it. They are delaying hoping the new Olubadan would have been enthroned before we come back to court, that is their game plan,” he added.
Counsel for the Olubadan-in-Council, Lana, said there was an existing application that the court had no jurisdiction to hear the case.
He said, “I am coming to the matter freshly and I found in the matter that there was an application that the court has no jurisdiction to hear the case. We are not aware if that motion has been heard and judgment has been delivered on it. We have to inform the court this issue.
“They have an application to amend their statement of claim to include some others, which include an injunction to restrain the new Olubadan from being sworn in or any promotion from being granted. We are saying that we need time to react to that. We have to file our own reply to it to state reasons why the court should not grant such application.”
Asked if the crowning ceremony of the new king could be delayed or set aside if the court granted the applicants’ prayers, Lana said an existing court ruling would take care of the application.
“The case cannot delay or stop the crowning of the new Olubadan. At the last elevation done in 2014, this same set of (Seriki) chiefs went to court to stop the elevation and the court said Seriki chiefs had no right on the Olubadan chieftaincy. That judgment is still pending, there is no appeal against it and we will present it in the court. If they come in with any restraining application, we will defend it,” he said.