By Sola POPOOLA
Barely four years after, an Ado Ekiti High Court has struck out a suit challenging the legal validity of the appointment of the Alawe of Ilawe,Oba Adebanji Ajibade Alabi, AFUNTADE 1, as the Chairman of Ekiti State Council of Traditional Rulers
Recall that some traditional Rulers acting under the aegis of ” Ekiti Pelupelu Obas ) had instituted the suit against the Ilawe monarch .in 2019.
The presiding judge Justice Oluwatoyin Abodunde on Friday, 8th July, 2022 struck out the case
The litigants led by the Ajero of Ijero Ekiti, HRM Oba Joseph Adewole had gone to Court in a suit number HAD/76/2019, challenging the validity of the state government’s appointment of the Alawe of Ilawe Ekiti ,HRM Oba Adebanji Ajibade Alabi, AFUNTADE 1 aa the chairman of Ekiti State Council of Traditional Rulers (2019 – 2021).
The aggrieved had dragged the Ekiti State Governor,the Attorney General of the State and HRM Oba Adebanji Ajibade Alabi to Court .
Barrister Gbenga Daramola represented the Governor while Barr, Dele Adesina SAN, Femi Falana SAN, Prof Dayo Akomolede and Dr E. K. Adetifa represented the Alawe.
The aggrieved monarchs were represented by Barr Obafemi Adewale SAN and Barr Ajayi Owoseni
The defence team raised several legal issues and objections before the court for determination and resolutions. The defence counsels therefore asked the court to rule on legal issues raised.
The Court ruled and resolved as follows : On whether the application is not an abuse of court process?
Court held that the recent application seeking indefinite adjournment as an abuse of court process and resolved in favor of the defendants jointly and severally
On whether the application is not an attempt at forum shopping should the court grant the application, the court would be encouraging forum shopping? This was resolved in favor of the defendants/applicants.
On whether the application can be taken when the issue of jurisdiction has been raised?
On the issue of jurisdiction raised ,the court hinted at this point that the claimant/applicant is aware that the substantive suit brought by way of originating summon is shaky and thatthe issue of further adjournment canvassed for by the claimants was also not allowed stressing that a claimant/applicant is not allowed to approbate and reprobate and that the instant application is out of line.
Justice Oluwatoyin Abodunde therefore refused the prayer of the claimant/applicant and struck out the entire Suit HAD/76/ 2019..