Appeal Court Fixes Sept 19 For Hearing Of Ikorodu Obaship Tussle

Court of Appeal, Lagos Division has fixed Thursday, September 19 for a hearing of the appeal challenging the installation of Kabiru Adewale Shotobi as the Oba Ayangburen of Ikorodu, Lagos State.

The appellate court presided over by Justice Muhammed Mustapha fixed the appeal for hearing after granting two applications moved by counsel to the appellants, Mr. Eyitayo Jegede SAN to enable proper hearing of the appeal.

Other members of the 3-man panel are; Justice Abdullahi Mahmud Bayero and Justice Paul Bassi.

When the matter came up on Wednesday, May 8, 2024, Jegede SAN moved the application dated March 25, 2024, and urged the court to strike out the names of the 6th appellant and that of the 1st respondent respectively.

The lawyer to the Respondents, Mr. Olusegun Fabunmi SAN did not oppose the application.

Consequently, Justice Muhammed Mustapha struck out the names and adjourned the appeal for hearing.

Recall that Justice M. A. Savage of the High Court of Lagos State had in his judgement ratified Kabiru Adewale Shotobi as the Oba Ayangburen of Ikorodu, Lagos State.

Dissatisfied, the Appellants (Lambo branch of Lasunwon ruling house) are challenging the installation of Kabiru Adewale Shotobi as the Oba Ayangburen of Ikorodu, Lagos State, and prayed the court to set aside the judgement of the lower court.

The appellants/applicants are Mr. Matthew Shodipo, Omobo Sokelu, Shakiru Shodipo, Mr. Nurudeen Fakomaya and Mr. Albert Ania.

The family is praying for the court to allow the appeal and set aside the judgment of the lower court.

The appellants in their Notice of Appeal, stated that the trial judge erred in law in holding that 3rd to 6th Respondents were not parties to Suit No (KD/57/2007 and therefore not bound by the decision in that case.

They urged the court to hold that the 3rd-6th respondents are kingmakers of Ikorodu and privies to Mr. Z.O Aro in Exhibit A who was sued on behalf of the kingmakers.

Besides, the appellants stated that the trial judge erred in law in holding that Clause 2 of the consent judgment in Suit No IKD 57/2007 did not preclude the Adegorushe branch from presenting a candidate nor preclude the second respondent from being nominated as a candidate for the vacant Ayangbure title of Ikorodu.

The appellants argued that the trial judge misdirected himself in law and thereby came to a wrong conclusion that the Obas and Chief laws are Paramount and therefore, all the reliefs sought in the originating motion must fail.

“The interpretation by the Honourable court took away cause of action and as brought by the applicants and extended it beyond the reliefs sought by the applicants into the response sought by the respondents.

“The interpretation of the Honourable court by reference set aside the Judgment of Abiru J., (as he then was) in suit No. IKD/57/2007, a relief not sought by the applicants.

“The learned trial judge misdirected himself in holding that suit No. IKD/57/2007, is subsisting having not been appealed against yet, that 3-6 respondents are not bound by it but bound only by his judgment.

“The trial judge erred in law in holding that all reliefs sought in the originating summons must fall and indeed dismissed same.

“The learned trial judge having extensively dealt with the issue of waver raised by the respondents, refused and neglected to ascribe nor articulated on the issue of estoppel in pairs, raised by Appellants nor pronounce on same.”

Source: New Telegraph