An Appeal Court sitting in Ibadan has refused to accede to the request for out of court settlement of the Olubadan Chieftaincy suit between the Oyo State Governor and other parties in the suit.
Rather, the order that the case be remitted back to the lower court for trial before another judge of the state High Court.
The appeal was between the Governor of Oyo State, the Osi Olubadan of Ibadan land, Senator Rasidi Adewolu Ladoja and the Chairman of the Olubadan Chieftancy Review Pannel, Hon.Justice Akintunde
The Attorney-General of Oyo State, Prof.Oyelowo Oyewo had filed an application to settle the case out of court.
However, the appellate court, in its judgement delivered by Justice Abubakar Ma’ud Talba, said that the matter had been fixed for judgement, saying that the court allow the interlocutory appeal of the appellants.
Ma’ud Talba said that the case of the first respondent ought to have been commenced by a way of writ of summons as opposed to an originating summon
He therefore ordered that the case be remitted back to the lower court for trial before another judge of the state High Court.
It would be recalled that on 19th of January, 2018, an Ibadan High Court presided over by Justice O. I. Aiki had granted an order of perpetual injunction retaining the Governor, his agent or servant from accepting, implementing or gazetting any recommendation made by the judicial commission of inquiry over the 1957 Chieftancy Declaration of the Olubadan and other related matters .
Counsel to the state government included
the Attorney-General and Commissioner for Justice, Prof. Oyelowo Oyewo, the Solicitor-General of the state, Prince Adetunji Gbadegesin, the Director of Litigation and Advisory services, Oyo State, Olubunmi Oguniran and a state counsel, Gbenga Odupitan.
