Says appointment not threatened
Mr. Dayo Akinlaja, SAN , counsel to the Obaro of Kabba and the Chairman of the Okun Traditional Council, Oba Solomon Dele Owoniyi has thrown light on the ruling of the Court of Appeal , explaining that the next port of call is the Supreme Court where justice will prevail.
The Counsel , Dayo Akinlaja,who made this known in a press statement signed and issued by him partly states:
“It was our conviction that the suit was not valid for a number of reasons including the fact that the action is statute barred which means that it was filed outside the time permitted by law.
He averred that it was late in the day because the reports of the various judicial commissions of inquiry that had looked into the Chieftaincy title are binding on the Claimants and cannot be challenged in court.
According to him the action could not be filed before the Governor had been given an opportunity to look into the propriety or otherwise of the appointment of the Obaro, Oba Solomon Owoniyi.
He added that by reason of that conviction, we filed a preliminary objection to challenge the jurisdiction of the High Court to entertain the suit.
The Counsel further disclosed that upon arguments taken, the High Court agreed with us that the suit was statute barred and struck out the suit.
According to him, the claimants( Ilajos)were dissatisfied and headed to the Court of Appeal.
But the Court of Appeal delivered its judgment and upturned the decision of the High Court, meaning that the Court of Appeal is of the position that the suit before the High Court was properly filed and should be heard on its merit and therefore sent the case back to the High Court for hearing on its merit.
“It is my honest conviction that the Court of Appeal is wrong in its judgment. On account of that, I strongly believe we should appeal to the Supreme Court on the issue of jurisdiction. It is important to mention that the merit of the case at the High Court has not been touched up till this moment. So, there is no threat of any kind to the appointment of the Kabiyesi,” he concluded.
