Apetumodu Vacant Stool: Court Orders Parties To Maintain Status Quo
Posted: 14/Aug/2018

An Osun State High Court sitting in Osogbo the stat capital yesterday granted a preservative order to maintain status quo in a chieftain suit filed by Princes Julius Abiodun Taiwo Ayoola and Omogbolahan Ayoola on behalf of members of Elewa Royal family.

The duo approached the court to challenge the choice of Prince Joseph Gbenga Oloyede of Latimogun’s Compound by the town’s kingmakers to fill the vacant stool of Apetumodu of Ipetumodu.

Joined as defendants are: the governor of Osun State (first), Attorney General of Osun and Commissioner for Justice (second), Commissioner for Local Government and Chieftaincy Affairs (third), Ife North Local Government (fourth) and the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi (fifth).

Other defendants include the Asalu of Ipetumodu; Chief Afolabi Adedeji (sixth), the Moleefon of Ipetumodu, Chief Adesoye Babalola (seventh), the Olukotun of Ipetumodu, Chief Titus Olanrewaju (eighth), the Warrant Chief,  Kehinde Orosanya (ninth) and Prince Joseph Gbenga Oloyede (10th).
 
They were elected by the kingmakers to fill the vacant Apetumodu’s stool.

Counsel to the plaintiffs, Yemi Abiona, argued that “the fifth defendant, despite being served with the originating process and motion for interlocutory injunction, still requested the fifth defendant to give consent to the purported selection of the 10th defendant”.

He added: “As a result of this development, the sanctity of the court should be maintained. I humbly apply that the court should grant a preservative order that parties should maintain the status quo, most especially the fourth and fifth respondents. The purpose of the preservative order is to maintain status quo and the state has nothing to lose if the order is granted.”

But the counsel to the first, second and third defendants, Jide Obisakin, who is also the State Director of Litigations, opposed the application for a preservative order by counsel to the plaintiffs.

According to him, the order was targeted at ambushing the defendants in the suit.

He said: “We have an application before the court, which has not been taken due to the fact that the parties have not been served. I am of the view that the basis for the request is doubtful. It is an attempt to ambush other defendants. I am requesting your Lordship not to grant the application against the first to third defendants.”

In her ruling, Justice Kudirat Akano granted the application for preservative order, pending the hearing and determination of the motion on notice and interlocutory injunction.

The judge adjourned the matter till September 4 for further hearing.

By: Adesoji Adeniyi 
The Nation News