The Oyo State government has filed for an order for stay of execution of the judgment of Justice K.A. Adedokun of the High Court, Ogbomoso, sacking Oba Afolabi Olaoye as the Soun of Ogbomoso pending the hearing and determination of the appeal lodged at the Court of Appeal, Ibadan Judicial Division.
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In the suit filed at the same High Court, Ogbomoso, where Justice Adedokun delivered the judgement last Wednesday, the Oyo State Government is seeking an order of the court restraining the Kabir Olaoye by himself or through his servants, agents, privies or otherwise howsoever described from taking any step or further step in recognition or in pursuance of the October 25 judgment.
Ruling in a case brought by one of the contestants for the Soun stool, Kabir Laoye, it will be recalled that Justice K.A. Adedokun ruled that the appointment of Oba Olaoye as Soun of Ogbomoso was illegal, null and void, while acknowledging that there was a flaw in the selection process.
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Adedokun in last week’s judgment nullified the appointment of the Soun by the Oyo State government and ordered a fresh selection process to the stool.
But on Friday, the Oyo State government, in the appeal filed on its behalf by Akin Onigbinde, SAN, is seeking for an order setting aside the judgment of the High court of 25th October or an order of re-trial before another judge of the Oyo State High Court.
Onigbinde filed the appeal on behalf of the Executive Governor of Oyo state; Attorney General and Commissioner of Justice, Oyo state and Commissioner, Ministry of Local Government and Chieftaincy Matters, who are first to third defendants/applicants while Prince Kabir Olaoye is the claimant/respondent.
In its six grounds of appeal, the state government is arguing that the trial judge erred in his submission and that the judgment of 25th October, 2023 is against the weight of evidence before the court.
The application is also seeking for an order of the court restraining the claimant/respondent by himself or through his servants, agents, privies or otherwise from taking any step or further step in recognition or in pursuance of the judgment of court delivered by Honourable Justice K. A. Adedokun on the 25th day of October, 2023 in suit no: HOG/27/2022 between Prince Muhammed Kabir Olaoye vs executive governor of Oyo State and 11 others.
The applicants premised their filing for stay of execution on that it prevents a situation where the judgment of the appellate court will be given in futility.
The applicants are aggrieved with the decision of this Court and have appealed to the court of appeal within time, and failure to grant this application will render the appeal nugatory.
They also argue that it is established that Chieftaincy Stool are not perishable, and same cannot be frittered away or destroyed if this application is granted.
In this respect, they further argue that the subject matter is a Chieftaincy title which is not perishable, and where Oba Afolabi Olaoye has already been installed as the Soun of Ogbomoso, it is trite that once an individual has been installed on a Chieftaincy Stool, the best line of action is to allow the appeal process to run its course before the execution of the judgment of the Honourable Court.
This, they premise on the reasoning that the eventual victor will not meet with an empty judgment at the end of the day.
Parts of the application read, “1. AN ORDER FOR STAY OF EXECUTION of the Judgment of this Honourable Court delivered by Honourable Justice K. A. Adedokun on the 25th day of October, 2022 in Suit No: HOG/27/2022 BETWEEN: PRINCE MUHAMMED KABIR OLAOYE V. EXECUTIVE GOVERNOR OF OYO STATE & 11 ORS. pending the hearing and determination of the Appeal lodged by the 1st – 3rd Defendants/Applicants against the said judgment at the Court of Appeal, Ibadan Judicial Division.
“2. AN ORDER of this Honourable Court restraining the Claimant/Respondent by himself or through his servants, agents, privies or otherwise howsoever described from taking any step or further step in recognition or in pursuance of the Judgment of this Honourable Court, Coram: Honourable Justice K. A. Adedokun delivered on the 25th day of October, 2023 in Suit No: HOG/27/2022 BETWEEN: PRINCE MUHAMMED KABIR OLAOYE V. EXECUTIVE GOVERNOR OF OYO STATE & 11 ORS. in executing the ruling, pending the hearing and determination of the Appeal lodged by the 1st – 3rd Defendants/Applicants against the said Judgement at the Court of Appeal, Ibadan Judicial Division.
AND FOR SUCH FURTHER OR OTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances.
AND FOR SUCH FURTHER OR OTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances.
“TAKE NOTICE that the grounds upon which this Application shall be argued are as follows; “1. The 1st – 3rd Defendants/Applicants have caused a Notice of Appeal to be filed, challenging the judgment of this Honourable Court delivered on the 25th October, 2023.
“2. The grounds of the Appeal are recondite, and which will require the Court of Appeal to exercise their statutory power in deciding the appeal of the Appellants.
“3. The appointment 12th Defendant/Respondent has been approved by the 1st Defendant/Applicant.
“4. Further to the approval by the 1st Defendant/Applicant, the 12th Defendant/Respondent has been installed as the Soun of Ogbomoso.
“5. The Soun of Ogbomoso Chieftaincy stool is not perishable, and is always available for the eventual winner at the Court of Appeal.”
