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The following is a statement issued this evening by Mr. Dayo Akinlaja, SAN , counsel to His Royal Majesty, the Obaro of Kabba and the Chairman of the Okun Traditional Council, Oba Solomon Dele Owoniyi on the ruling of the Court of Appeal on the appeal of the Ilajo family on its dispute with the Kogi State government and His Royal Majesty:
*“RE: COURT CASE ON OBARO OF KABBA CHIEFTAINCY*
“Upon being briefed to defend the interest of the Kabiyesi in the lawsuit, we studied the court processes filed by the Claimants.
“It was our conviction that the suit was not valid for a number of reasons including the fact that the action is statute barred (i.e. that it was filed outside the time permitted by law); that it is late in the day because the reports of the various judicial commissions of inquiry that had looked into the Chieftaincy are binding on the Claimants and cannot be challenged in court; that 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 Kabiyesi and so on.
“By reason of that conviction, we filed a preliminary objection to challenge the jurisdiction of the High Court to challenge the suit. Upon arguments taken, the High Court agreed with us that the suit was statute barred and struck out the suit. Dissatisfied, the Claimants appealed to the Court of Appeal. Today, 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. That informed the sending of 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.”
