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… case adjourned till 12th November, 2018 for hearing.
The effort of the Ilajo clan to restrain the Kogi state government in presenting the Staff of Office to His Royal Majesty, Oba Solomon Dele Owoniyi, Obaro Otitoleke Oweyomade I, as the Obaro of Kabba and Chairman, Okun Area Traditional Council has suffered a major setback as the interlocutory injunction filed to stop the process was declined by the court.
The case which came up on Thursday at the State High Court, Lokoja was presided over by Justice S.O. Otu.
Counsel to Ilajo clan, Mr Rafiu Lawal-Rabana SAN has filed an application of interlocutory injunction to restraint the State Government in carrying out the presentation ceremony schedule to hold on Saturday.
He said they have to file the application due to the nature of case as the state government prepares to present the staff of office to the first defendant which negates the interest of his client.
While counsel to the defendant, Dayo Akinlaja SAN, in his counter augment said the case is not ripe for hearing noting that according to the rules of the court, the defendant has 7 days to respond to the application.
He stressed that the appellant filed the application on the 16th October, 2018, noting that despite he was served on the same day, the rules stated that they needed clear two days to study the application for response, aside that it is mandatory for them to have their 7days, as that will give them enough time to file in their responses.
Dayo Akinlaja said aside the defective nature of the process the appellant adopted they have also file in their preliminary objections against the application, noting that they have to determine the jurisdiction of the court before hearing the case.
He argued that they needed more time to response to the application, while Rabana SAN said despite the rules of the court, the Judge still have his discretion to rule in his favor to hear the case.
While the Director of Legal Civil who appeared on behalf of the state government also adopted the submission of the counsel to the first defendant, noting that it is premature to hear the case based on the rules of the court and law.
Giving his ruling on the application, Justice S.O Otu said that the court being an institution that should uphold justice based on fairness and truth; hence it cannot close its eyes on issues raised by the counsels to the defendants.
He said the rules are made to guide the court proceedings in order to give all parties fear hearing and opportunity to be heard, hence there is need to give rooms for the defendants to file in their responses within the stipulated time.
Justice S.O Otu, ruled that the case be adjourned for the parties to file in their responses.
Not satisfied with the ruling, Rabana SAN, raised another oral application to restraint the state government not to perform the presentation ceremony on Saturday, noting that the rules of the court allow oral application in the circumstance, while the defendants counsel, said that Rabana is trying to boycott the process, stressing that no oral application can be made since the case involved is not perishable in nature, hence it is mandatory for him to make his application in written form and should be supported with affidavit.
They urged the judge to discard his augment and rule against the oral application.
Justice S.O Otu, in his ruling said it is an abuse of court process, noting that he has not even determine his jurisdiction to entertain the case, hence he ruled against the oral application and adjourned the cases to 12th November, 2018 for hearing.
It may be recalled that some persons within the Ilajo clan (that is only one of thirteen clans that constitute Kabba Community) purporting to represent three families in the clan have , repeatedly but unsuccessfully sought to use the court process to prevent the installation of the Obaro in persistently stubborn defiance of the will and desire of an overwhelming majority of the rest of the 12 clans, as well as of extant edicts.
This latest judicial decision effectively clears the way for His Royal Majesty, Oba Solomon Dele Owoniyi, Otitoleke Oweyomade 1 to receive his staff of office this Saturday, October 20, 2018 to be presented by the governor of Kogi State, Alhaji Yahaya Bello in Kabba.
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