— Declined application for injunction
By Dayo Johnson, Akure
The Court of Appeal sitting in Akure, the Ondo State capital has admitted fresh evidence in the chieftaincy tussle over the Olu-Oke of Oke-Igbo in Ile-Oluji/Oke-Igbo Local Government Area of Ondo State.
It however, declined to hear the motion for an injunction seeking to invalidate all the steps taken in respect of the Oluoke stool and ruled that the application be “put in abeyance” and that counsel to the parties should ensure that their clients take no steps that may breach the peace of the community
At the resumed hearing, lead counsel to the Appellants, Chief Olalekan Ojo, SAN, sought three major prayers: leave to amend the notice of appeal, permission to tender fresh evidence — a registered chieftaincy declaration — and an injunction to halt ongoing processes to select a new Olu-Oke, including a request to vacate any related actions.
The Court presided by Justice Ademola Enikuemehin had deposed Oluwole as Oluoke of Okeigbo for not being a member of Aare Kugbaigbe Ruling House, whose turn is to produce the traditional ruler of the community.
The suit filed on behalf of the Aare Kugbaigbe Ruling House through their counsel, Chief Sola Ebiseeni, has Princes Rufus Adekanye and Temitope Adeoye, the Head and Secretary, as claimants.
Marked HOD/80/2018, the suit, which has Oba Oluwole, the Oke-Igbo traditional kingmakers, and the state government as defendants, challenged the appointment of Oba Oluwole, claiming he is not a member of the Aare Kugbaigbe, which is to present a candidate to the throne, which they said they claimed is still vacant.
The plaintiffs got a declaration that the Olu-Oke of Oke-Igbo Chieftaincy in the Ile-Oluji/Oke-Igbo Local Government Area of Ondo State is subject to the Declaration in Part Two of Justice Adeloye’s Judicial Commission of Inquiry on Chieftaincy Matters and the Chiefs Law CAP 27 Volume 1 Laws of Ondo State 2006.
Displeased with the verdict of the lower court, the defendants, through their counsel, approached the appellate court and asked it to set aside the judgment of the trial court.
At the resumed hearing of the appeal, lead Counsel to the Appellants, Olalekan Ojo SAN, sought leave to amend his notice of appeal, adduced new evidence of the registered declaration of the chieftaincy, and injunction to restrain the respondents from taking steps to appoint a new Oluoke and that all actions taken in that direction be vacated by the Court.
However, the counsel representing the Attorney General of the state, Mrs Adeola Yusuf, who appeared in the matter for the first time, informed the court that she was not briefed on the processes, some of which were only being served on her in the courtroom that day.
Similarly, the lead Counsel to Aare Kugbaigbe Ruling House, Chief Sola Ebiseni, said since the appeal was adjourned for a definite hearing, he was ready since he had filed his respondent’s brief.
Ebiseni told the court that the application to adduced evidence of the registered declaration made by the appellants in 2020, when the case had been pending at the High Court since 2018, was legally inadmissible and a waste of time hearing the Appeal.
He told the Court that the High Court declared the appointment of Chief Babajide Lawrence Oluwole as the Olu-Oke of Oke-Igbo as illegal and ordered the government to invite the Aare Kugbaigbe Ruling House to present a candidate for the vacant throne, that the deposed monarch filed his notice of appeal after which he died on the 30th April 2025 at the age of 94 years.
Ebiseni described the application for injunction as an act of indolence. He said the appellants refused to prosecute their appeal, but asked the court to act in vain by seeking an injunction to preserve the crown for a deposed and deceased appellant.
In its ruling, the court presided over by Justices Omoleye, Shagari and Obiorah observed that the appeal was of much public interest which hearing has been delayed despite opportunities granted by the court and ruled out all applications for joining the appeal as interested parties, that the Local Government which was the target of the application for injunction was not represented and there was no proof of service of the hearing notice.
However, the court granted the application to amend the notice of appeal and directed the appellant’s counsel to proffer arguments on the new evidence sought to be adduced in his amended brief.
The has therefore adjourned the Appeal for definite hearing on October 20th after vacation.
Speaking to journalists after the court session, the Head of Kugbaigbe Ruling House, Prince Rufus Adekanye said “Oke-Igbo has crossed the Rubicon into a glorious era beneficial to all our people. As the reining Ruling House, we are committed to carrying everyone along for the peace and development of our community.
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