Dissatisfied with the verdict of the trial court, the complainants, now appellants, have submitted five issues for determination by the Court of Appeal.
By Paul Dada
Members of the Oloja Ruling House of Oto-Awori are not backing down in their quest to have the judiciary declare the 2007 installation of Josiah Olanrewaju Ilemobade Aina as the Oloto of Oto-Awori illegal.
Although a Lagos High Court presided over by Justice R.I.B. Adebiyi decided the case against the complainants in a judgement delivered on 9 June 2020, they have now taken the matter to the Court of Appeal in Lagos.
At the trial court, the complainants, Fatai Lawal Opeseyi, Janet Bamigbose, Hassan Lawal and Solomon Adepoju Opeseyi, acting on behalf of the Oloja Ruling House, contended that following the death of Oba Olugbogi, their choice for the stool was Michael Adebisi Olowoiga Opeseyi. The suit listed the Lagos State Government, the Attorney-General of Lagos State, the Commissioner for Chieftaincy Affairs, Ojo Local Government, Josiah Olanrewaju Ilemobade Aina and Enoch Opeifa as defendants.
They argued, among other things, that the Oto-Awori Local Council Development Area, which facilitated Aina’s installation, had no power to do so since the New Local Government Area Amendment (No. 2) Law 2005 of Lagos State is at best inchoate and inoperable.
Part of their argument before the trial court was that the defendants concluded plans to install Aina by falsely representing him in official documentation as a member of the Oloja Ruling House. They claimed that the fifth defendant descended from one Omukole, the sister of Oba Ebenezer Fagbayi Opeseyi, and had no filial relationship with the Oloja Ruling House, whose selection of the Oloto has always followed the paternal line.
However, the judge held that the Oto-Awori LCDA was recognised by law and could carry out functions assigned to it by the Ojo Local Government as its supervising authority. Justice Adebiyi also ruled that the claimants had waived their right under the law, having initially responded to the call by the Oto-Awori LCDA to nominate a candidate for the vacant stool, only to later contest its legal recognition.
On Issue One, the appellants contend that between 2005 and 2007, the Oto-Awori LCDA had no force of law, was unknown to law and lacked the capacity to receive any delegation from Ojo Local Government. They urge the appellate court to hold that the Local Government Administration Law 2015 and the Obas and Chiefs Law of Lagos State 2015 are irrelevant and inapplicable to the case.
On Issue Two, the appellants ask the Court of Appeal to hold that the issue of waiver is irrelevant to the suit.
In conclusion, the appellants urge the higher court, in view of the arguments advanced on the five issues, to set aside the judgement of the trial court.
The appellants state: “We respectfully urge this court to allow this appeal by setting aside the judgement of the lower court and give judgement in favour of the appellants.”
