KEMI OMONIYI
OYO, Nigeria – Following two conflicting judgements that emanated from Justice K A Adedokun of the Oyo State High Court, sitting at Ogbomosho, Oyo state on the selection and approval of Prince Afolabi Olaoye as the Soun of Ogbomoso land, many people are still confused as to the rationale behind the two judgements.
Justice Adedokun had in a judgement delivered on October 3, 2023, in suit number HOG/20/2022 between: Alh. Adeyemi Taofiq Akorede Olaoye and Pastor Afolabi Ghandy Olaoye and Others, held that the appointment of the 1st Defendant as Soun Elect by the Soun Ogbomoso Kingmakers that is statutorily empowered to carry out the selection /appointment of Soun of Ogbomoso land are valid, legal and binding.
The judge held “The selection and appointment of the 1st Defendant by the kingmakers as the Soun elect in line with the Soun Chieftaincy Declaration conducted on the 22th March, 2022 and submitted to the 2nd Defendant for final approval as the consenting authority on 23 March, is the only valid, legal and subsisting selection and nomination as Soun of Ogbomoso land.
“That as far as, the facts of this case are concerned, all actions and steps so far taken by the 5th, 6th, 7th, 8th, 9th and 10th Defendants in order to give effect to the provisions of Soun Chieftaincy Declaration of 1958 in the selection and, appointment of the 1st Defendant as Soun Elect by the Soun Ogbomoso Kingmakers that is statutorily empowered to carry out the selection /appointment of Soun of Ogbomoso land are valid, legal and binding”.
However, twenty-two days after the Judgement, Justice Adedokun in a sister suit marked HOG/27/2022 between: Prince Muhammed Kabir Olaoye and Pastor Afolabi Ghandy Olaoye, set aside his earlier judgment and restrained the monarch from parading himself as Soun of Ogbomoso and should stop holding himself out for any ceremony of installation and /or coronation or wear any regalia portraying him as the occupant of the stool of Soun of Ogbomoso.
The judge explains “For the avoidance of doubt, let me state that the decision of this Honourable Court delivered on 3rd day of October, 2023 in Suit No: HOG/20/2022 Between ALH. ADEYEMI TAOFIQ AKOREDE OLAOYE V. PASTOR AFOLABI GHANDY OLAOYE was made per incuriam without having the benefit of the Supreme Court decision in Prince Ademolu Odeneye V Prince David Olu Efunuga(Supra) and Court of Appeal decision in Prince Adeyeye Oyerinde & ORS V.Oba Jimoh Oyewumi
There was, however, some confusion in the interpretation of the two judgements, as some reports claimed that the judgments should be challenged at the Court of Appeal for clearer understanding.
Sources revealed that the Oyo State Government Secretariat had welcomed the first Judgment and plans had begun to hand the Staff of Office to Oba Olaoye Ghandi.
Funcio officio
Besides, several lawyers have expressed suprise at the Judge overruling himself within a month as the court was no longer functional to deal with issue raised in the second Judgment.
They argued that the Judge being functus officio is no longer in a position to adjudicate on the matter, and only another court could have applied the per incuriam rule when faced with 2 conflicting authorities.
They stated that while the Appellate courts may eventually settle the matter, the State Government may rely on the first Judgment and conclude the installation rites.
Also, a palace source told our correspondent that the judgment would be appealed, urging the people to be calm.
“The case will definitely be appealed and so, people should not fret. In the case instituted by Prince Olaoye, the judge said the process was proper and valid but now the same process is faulted. It is conflicting, the Appeal Court will resolve that. People should be calm,” the palace source said.
The palace source disclosed that a legal team has been assembled to study the two judgements, with a mandate to file Notice of Appeal.
The Oyo State Government had announced Olaoye as the new Soun and made him king on September 8, 2023.
Olaoye was a pastor of the Redeemed Christian Church of God (RCCG).
