An Ekiti High Court sitting in Ikole-Ekiti has struck out the case instituted by Dr Rotimi Ogunlade challenging the installation of Chief Segun Ojo as Odofin-Odo in Odo-Ayedun Ekiti.
Delivering the judgment in the case with suit number HCL/5/2018 and one other as respondent, Justice Blessing Ajileye pronounced that one of the respondents, Mr Segun Ojo has not shown that his interest was unpreserved, challenged or being threatened, hence does not think that he has a reasonable cause of action in instituting the suit.
Justice Ajileye ruled that Section 13 of the Chief Law(Cap C5) showed that only an aggrieved party to a decision or satisfied with the decision of a prescribed authority arising from a dispute can make representation to the Executive Council within 21 days from the receipt of the notification from the prescribed authority.
The justice said the respondent installation is not being challenged and if challenged, same is not in the instant suit.
”I think it is the 1st Defendant that should be called the aggrieved person from the fact in the statement of claim having taken steps to show that he is interested in the installation process and having not been installed as the Odofin-Odo Ayedun, but was later installed as Odofin Odo-Ayedun by the 2nd Defendant five days after his installation.
“If anyone at all should be aggrieved at the subsequent installation of the 1st defendant by the 2nd defendant, I think it should be the prescribed authority who is the recognised chief of the town over the appointment of minor chiefs in his domain and having the right to exercise any other power incidental to his authority which include challenging the usurpation of his authority by any other person.
“At this stage, my considered view is that it is the prescribed authority that may determine the dispute and where his decision are or is not satisfying the unsatisfying person may make representation to the Commissioner for Chieftaincy Affairs within 21 days
”I do not think the respondent has a reasonable course or action on bringing this suit consequently, this suit is premature, same is hereby struck out,”she ruled.
Earlier, the applicant counsel, Barr. B.T Oluwole, had prayed the court to dimiss the suit, in opposition, the respondent’s counsel, Barr. Adedayo Adewumi filed a counter Affidavit of 15 paragraph and a written address he adopted same and submitted that no further Affidavit was filed to contradict the averments in the counter-affidavit.
The applicant, Dr Rotimi Ogunlade urged the court to dismiss the suit by an application dated March 28, 2019, Motion no. HCL/14M/19 and filed on March 29 2019 in support was a six paragraph affidavit and a written address.
The applicant had urged the court to dismiss this suit stated in his application that the issues raised by the respodent disclosed no reasonable cause of action.
The respondent failed to comply with the specific and mandatory provisions of the Chiefs law of Ekiti State 2012 as regarding dispute resolution before filling the suit in court.
Defendants were not properly and personally served the Writ of summons and statement of claim dated Nov. 8, 2018 and filed on Nov. 9, 2018.
The applicant noted that the time to Institute the court process against the defendants have lapsed.
He said that the respondent ought not to approached the court through the Writ of summons, but by judicial review (Writ of Certiorari)
The applicant said that the entire suit was incomplete and the court lacks jurisdiction to entertain same.
